Nursing homes are designed to care for our loved ones and to provide them with a clean and safe facility. However, in certain situations they fail to meet the necessary standard of care and our clients are wrongfully injured. Nursing homes are required by law to maintain a clean environment, free from dangerous insects such as spiders. Spider bites to the elderly can be dangerous and cause serious injuries. Particularly if they are immobile, they will continue to be bit repetitively until the problem is corrected. If your loved one has been subjected to these types of injuries contact the nursing home spider bite lawyers at Downtown L.A. Law Group.
Liability for Injuries Sustained in Nursing Homes
Who is liable for spider bite injuries in a nursing home or skilled nursing facility? Nursing homes are considered to be stable environments, which are required to be free from insects. When such facilities are not properly maintained or cared for, they will be held liable under state and federal elder abuse laws. These injuries are classified as premises liability causes of action and not governed by medical malpractice limitations or caps.
When a nursing home fails to properly maintain the property, so that it is clean from such insects they will be held liable for negligence. Under a negligence standard a nursing home will be liable for the injuries sustained by those under their care.
In order to pursue a cause of action for negligence it is required to show the following elements:
- Defendant nursing home, owed a duty of care to the plaintiff;
- Defendant breached that duty;
- Plaintiff actually sustained the injury; and
- There was a connection between the defendants and the resulting injury.
Steps to Take When Noticing Spider Bites
If you notice spider marks make sure to have them documented and report the injury to the staff. It is important that it be resolved immediately. Here are a list of steps you should take if you or your loved one has been bit by a spider or any insect at a nursing home.
- Immediately file an incident report;
- Take photos of the injury;
- Make sure that the incident is properly documented;
- Do not make any statements to the insurance company for the nursing home;
- Contact a personal injury lawyer dealing with spider bites in nursing homes;
- Request an immediate room change to avoid future bites
These are only some of the steps you should take if you notice spiders in a nursing home. Remember, to document your actions. Take down names and numbers for all parties involved and whoever you speak with. This will be extremely helpful when we move forward with the case.
Common Secondary Injuries Resulting from Spider Bites
Spider bites on the elderly are dangerous for a number of reasons. First, they can cause and spread infections. Particularly if you are using a bedpan or other device, which can harbor bacteria. Second, elderly persons are not as likely to recover from their injuries. In aggressive bite cases with poisonous spiders, serious injury or death can occur.
However, the most common injury is infections caused by spider bites. Spider bites can spread infections or expose a wound to developing a serious infection. In either case these infections if left untreated can cause bed sores and other painful conditions. This is why treating the issue is so important. If you delay getting proper treatment the infection could spread causing significant additional injuries.
Compensation for Injury – Filing a Lawsuit
Getting compensation for your injuries is important in a elder abuse or neglect case. Often times you will have mounting bills, which will add to your stress and prevent you from getting treatment. That is why it is so important that proper compensation be paid out for your injuries.
We often get asked, “what is my case worth“? This is a very difficult, but very important question. While we cannot give you an accurate assessment of case value without knowing the extent of the injuries, here is what you should know.
Case value is determined by a few factors. First, look at the degree of the injury. Second, treatment or attempts to correct the issue and third, whether it was an ongoing issue. These are all important factors to consider in deciding the value of your nursing home spider bite claim. If you were injured contact the Downtown L.A. Law Group for a free case evaluation.