Signs a Nursing Home or Hospital Was Negligent

If you or a loved one was harmed by treatment received in a medical facility, you could bring a medical malpractice lawsuit. You may be entitled to financial damages covering your expenses and providing compensation for your pain and suffering, but you must prove the hospital or nursing home was negligent.

What Does Negligence Mean in a Medical Setting?

The term “negligence” has a specific meaning when it is applied to medical professionals and facilities. It means failing to provide a quality of care equivalent to what other similarly credentialed providers offer in the same geographic region. 

Some preventable events indicate such carelessness that they are considered “never events”— things that would never happen except if the facility was negligent. Some examples include:

• Performing a surgery on the wrong patient
• Operating on the wrong part of a patient’s body
• Leaving a foreign body, like an instrument or sponge, in a patient’s body after surgery 
• Physical or sexual assault of a patient
• Use of restraints for behavior modification
• Medication errors that lead to patient disability or death
• Development of bedsores

When a hospital or nursing home patient suffers as a result of a never event, the facility is negligent and liable for damages.

Most states require someone who wants to bring a malpractice lawsuit to get an affidavit from a medical expert or a certificate of merit before filing. For example, Florida Statutes § 766.106 requires a medical negligence attorney to get a written affidavit from a qualified medical professional stating clearly how the care the patient received at a hospital or nursing home deviated from the appropriate standard. If you are in a different state, a local legal professional could advise you of the requirements in your jurisdiction.

Indicators of Facility Negligence

A never event is always indicative of negligence, but there are many forms of negligence that are not never events. If you or a loved one suffered harm while a patient in a hospital or nursing facility, there are numerous indicators that could point to facility negligence as the cause.

Doors and windows that stick, floors that don’t seem clean, or delays in replacing soiled linens are reasons for concern. If a patient develops an infection during their stay in the facility, it can indicate inadequate sterilization procedures and failure to adhere to infection control protocols.

Apparent staffing shortages may indicate negligence. If you wait a long time for a nurse to respond to the call button, or can’t get a doctor to answer your questions promptly, the delays may indicate that the staff is overworked. Tired medical personnel may take shortcuts or make mistakes, so medical malpractice attorneys typically check staffing levels when looking for evidence of negligence in hospitals and nursing homes.

Hospital Negligence

Premature discharge from a hospital or discharge without proper instructions is a form of negligent care. Mistakes during triage in an emergency department can harm patients and indicate negligence. Failing to take a thorough medical history or obtain informed consent for medical treatments are other common ways hospitals commit negligence.

Nursing Home Negligence

Patients are in nursing homes because they are medically fragile, mentally incapacitated by dementia or another cognitive impairment, or have serious conditions that can’t be managed at home. Nursing home staff must be especially attentive to the risk factors these patients present.

Sudden weight loss or gain, unexplained bruising or cuts, frequent falls, and changes in personality can indicate a patient is being neglected or mistreated. The use of restraints or constant medication to control a difficult patient is a clear indication of negligence. Negligence is also likely if a patient experiences frequent falls, wanders off the premises, or develops bedsores.

Speak to an AttorneyAbout Pursuing a Case of Hospital or Nursing Home Negligence 

Knowing the signs that a nursing home or hospital was negligent is essential. If you believe you or a loved one was harmed by medical facility negligence, get in touch with an attorney today. In Florida, Colling Gilbert Wright has a history of obtaining high-value settlements and verdicts for their clients who have experienced medical negligence.