Nursing home residents often suffer from conditions or illnesses that impair their ability to walk. As such, many of them use wheelchairs to move around. While wheelchairs can improve the mobility of people who would otherwise be confined to one location, people in wheelchairs are at risk for falls and other incidents that lead to critical harm. Wheelchair accidents are often the result of the negligence of nursing homes and their staff, and people who sustain damages as a result of such accidents have the right to seek compensation. If you or your loved one suffered injuries in a nursing home due to a wheelchair accident, it is smart to speak to an attorney to evaluate your potential claims. The seasoned Cape Cod lawyers of The Law Offices of John C. Manoog, III, take pride in helping people injured by nursing home negligence in the pursuit of justice, and if you hire us, we will advocate tirelessly on your behalf. Collectively, we have more than one hundred and fifty years of experience helping people seek compensation from nursing homes. Our dedicated representation has enabled us to recover several multi-million dollar damages awards and settlements for our clients.Common Wheelchair Accidents
Many people in nursing homes suffer from physical weakness, diminished cognitive abilities, and other issues that prevent them from safely using wheelchairs without supervision or restraints, stabilizing cushions, or anti-tipping devices. As such, if they are left unattended or, a nursing home’s staff fails to take the measures necessary to prevent accidents, a resident in a wheelchair may fall and suffer critical injuries. Similarly, many nursing home residents suffer falls when transferring to or from a wheelchair and a bed, toilet, or other seated position, if they are not assisted properly or attempt to transfer without help. People in wheelchairs can also suffer fractures of the legs and feet if their feet get caught underneath a part of the chair and are dragged beneath them.Pursuing Compensation Following Wheelchair Accidents
Nursing homes must abide by federal and state regulations, which require, among other things, that they maintain a safe environment for their residents and provide them with adequate care and supervision. If a nursing home fails to abide by the obligations imposed by the regulations and a resident suffers harm as a result, the injured party or their representative may be able to pursue negligence claims against the nursing home in a civil lawsuit.
Under Massachusetts law, a party asserting a negligence claim must show that the defendant owed them a duty and that the defendant breached the duty. A nursing home’s duties typically arise out of the regulations, and any behavior that deviates from the standard of care established by the regulations arguably constitutes a breach. As the obligations imposed by the standard of care are beyond the understanding of the average judge or juror, the plaintiff will most likely need to hire an expert to explain the standard that applies. The plaintiff then must prove that the defendant’s deviation from the standard of care caused the plaintiff to suffer measurable harm.
While the defendant’s acts or failure to act do not have to be the sole cause of the plaintiff’s injuries, it must be a significant factor in bringing them about. Expert testimony is usually needed to link the defendant’s breach to the harm suffered as well. A plaintiff that establishes a defendant’s fault may be awarded compensation for both economic losses, like the cost of medical care, and non-economic harm, such as suffering, pain, and mental anguish, brought about by the accident.Consult an Assertive Cape Cod Nursing Home Negligence Attorney
Nursing homes have a duty to provide a safe environment for their residents, which includes preventing them from suffering avoidable harm. If you or someone you loved sustained injuries in a wheelchair accident in a nursing home, you may be owed damages, and you should consult an attorney as soon as possible. The assertive attorneys of The Law Offices of John C. Manoog, III, can assess the circumstances surrounding the incident and advise you of what claims you may be able to assert in pursuit of damages. We regularly represent injured parties in nursing home negligence cases on Cape Cod, and we can meet for consultations in Hyannis and Plymouth. You can reach us via our online form or by calling us at (888) 262-6664 to set up a meeting.