Burn Injuries in Nursing Homes
Nursing homes are expected to provide a safe environment and attentive care to people who are no longer able to live on their own. Sadly, though, many nursing homes fail to staff their facilities with employees who are watchful and considerate, which can lead to situations where grave injuries, such as burns, can occur. Burn injuries in nursing homes can cause substantial pain, scarring, and a reduced life expectancy, and if you or your family member sustained a burn while in a nursing home, you may be owed compensation. The diligent Cape Cod nursing home negligence attorneys of The Law Offices of John C. Manoog, III, can assess the circumstances that led to the burn and advise you of whether you may have a viable claim for damages. Jointly, our lawyers have more than fifteen decades of experience helping injured parties in claims against nursing homes, and we will aggressively advocate in favor of your recovery of any compensation available. Our skillful representation has enabled us to obtain numerous multi-million dollar damages awards for our clients.Causes of Burn Injuries in Nursing Homes
Frequently, burn injuries in nursing homes happen when a staff member carelessly fails to check the temperature of a substance prior to allowing it to come into contact with a resident. For example, a resident may be burned by the spill of an excessively hot beverage or food. Similarly, nursing home residents are often burned when the water used to bathe them exceeds appropriate temperatures. A burn may also occur when a resident is permitted to use a heated device, such as a curling iron or heating pad, without supervision, or is placed too close to a heating element such as a radiator for an extended period of time. Finally, burns can be caused by accidental fires. Burns are usually incredibly painful, and depending on their severity, treatment may include skin grafts, amputation, and physical and occupational therapy.Pursuing Damages for Burn Injuries in Nursing Homes
State and federal laws dictate the obligations imposed on nursing homes. In part, the laws require that any long term care facility provide residents with a safe environment and maintain adequate staffing to attend to its residents’ needs. Additionally, Massachusetts law requires that nursing homes ensure that any device that supplies hot water that is accessible by residents does not exceed a maximum temperature of 120 degrees. If a nursing home fails to abide by any of the standards set forth under the law, and a resident consequently suffers a burn, the nursing home may be deemed civilly liable.
Generally, an injured party will attempt to recover damages from a nursing home on a theory of negligence. In Massachusetts, a plaintiff alleging negligence must demonstrate that that defendant owed the plaintiff a legally cognizable duty and that the defendant’s acts or omissions constitute a breach of the duty. The plaintiff must also show that the defendant’s breach was the cause of his or her harm, which usually means the plaintiff has to establish that the harm would not have occurred absent the breach. In some instances, the nursing home may attempt to argue that it did not depart from the applicable standard of care, or that the injured party acted in a manner that led to his or her own harm. As such, in many cases, the plaintiff will need to retain an expert to testify as to what any relevant laws and regulations required the nursing home to do and whether the nursing home’s failure to act as needed led to the resident’s harm. A medical expert may also be needed to testify regarding the injured party’s damages.Confer with a Capable Attorney on Cape Cod
Nursing homes have a duty to protect their residents from harmful accidents, and when they fail to do so, they should be held accountable. If you or your family member suffered from a burn, bed sores or other injuries while staying in a nursing home, you should consult an attorney regarding your rights. The capable lawyers of The Law Offices of John C. Manoog, III, take pride in helping injured people fight to protect their rights, and we will vigorously pursue a just outcome on your behalf. We have a history of obtaining favorable results, which includes many verdicts over one million dollars. We assist people in lawsuits against nursing homes on Cape Cod, and we are able to meet for consultations in Hyannis and Plymouth. You can reach us through our form online or by calling us at 888-262-6664 to set up a conference. Nós Falamos Português.