Bed Bugs in Nursing Home Lawsuit | Residential Care Facility Attorney
Bed bugs are a growing problem in nursing homes and elderly care – assisted living centers across the state of California. Each day we get calls from victims of bed bug bites seeking recovery against property owners. In a recent case we were asked to represent an individual who was badly bit at a nursing home or skilled nursing home facility. After reviewing the case we felt strongly about our clients position and have decided to pursue the cause of action. Bed bugs in a nursing homes are serious problem. These conditions if left untreated can cause significant injuries. If a nursing home fails to properly remediate this issue, they will be held liable for injuries sustained. Also, if it is found that they had knowledge of the condition, but failed to correct it then they will be liable for injuries sustained.
Why Bed Bugs in Nursing Homes are Dangerous
When a nursing home patient gets bed bugs they are more likely to suffer from a subsequent infection. Infections can rapidly spread at nursing homes if left improperly treated. Bed bug bites can develop into rashes and chaff causing bleeding and swelling, which can become infected. These infections can develop into serious issues if not properly cared for. Nursing homes are required to properly inspect and treat for bed bugs found at a facility which they own or operate. Since a number of patients can come in and out of their facilities, it is not uncommon for bed bugs to be found on the property. However, some nursing homes are negligent in the care of their patients and fail to properly safeguard against these conditions. When a nursing homes fail to put into place safeguards and safety measures to correct or remedy these issues they will be considered liable for injuries sustained as a result.
Our Recent Verdicts and Settlements
Slip and fall accident
Liability for Injuries – Can I sue Nursing Home for Bed Bug Bite Infestations
Who is liable for injuries when bed bugs are contracted at a nursing home? A nursing home will be liable when bed bugs are contracted by a patient. Courts will determine whether they had knowledge and whether they took proper precautions when dealing with the issue. “Many facilities will ignore the problem”, says Farid Yaghoubtil attorney with Downtown L.A. Law Group. “They rely on lack of knowledge as a tool. Since many people may not know that the swelling is a bed bug bite, it is easy to get around the issue. In other cases we have seen facilities flat out deny or lie about having any knowledge only to find out they did.” In many cases nursing homes know of this issue since patients are regularly checked on by trained staff, particularly at skilled nursing facilities. These issues are reported by nurses to management, who either abruptly discharges the patient or fails to do anything to correct the issue. In such cases the nursing home will be considered liable for the injuries caused by their negligence.
Compensation from a Bed Bug Lawsuit
If you wish to sue for bed bug bites suffered at a nursing home, you can receive different types of compensation for your damages. We will make sure that you are amply compensated for your bites and injuries and that any other expenses are covered. Further, any family members who were present in the nursing home will be covered as well.
You can earn coverage for your medical expenses, lost income if you were unable to return to work because of the infestation spreading to your home, property damage for any personal items that were ruined in the infestation, and mental pain and suffering damages that resulted from the infestation.
The nursing home may try to charge you a cleaning fee or say that the resident brought them in, but proving the nursing home was responsible for the bed bugs in the first place could result in this fee being waived or covered. Talk with our bed bug attorneys who have experience in nursing home bed bug lawsuits for more help.
Time Limit on Your Bed Bug Claim
If you choose to file a lawsuit against the nursing home for bed bugs in room, you should be aware that you only have 2 years from the date of the injury to take legal action or you will be prevented from doing so in the future. The statute of limitations is in place to make sure claims are efficiently handled and do not sit around. The longer you wait, the more likely it is that evidence will get corrupted and you will have no need for coverage of certain expenses. The quicker you act, the more likely it is that your claim will result in success.
There are some ways that the statute of limitations can be extended. For instance, if a victim was underage or not in his right mind after the incident, the statute will not count down until he turns legal age or returns to awareness. The defendant must also be present in the state – if he is not, then the statute will be frozen until he returns.
Steps to Take if Your Loved One has Suffered Bed Bug Bites in a Nursing Home or Elderly Assisted Living Center
If you or your loved one were bit by bed bugs in a nursing home you need to take the following steps to secure your case.
- Take photos of your body and where the bites took place
- Do not make any statements to the insurance company representing the nursing home
- Document all of your losses
- Seek immediate medical attention to prevent the spread of infection
- Speak to a qualified personal injury attorney to discuss your case.
Legal Assistance: Our attorneys will provide you with a free legal consultation regarding your claim. We are able to represent clients across the state of California including nursing home and assisted living centers in Los Angeles County, San Diego, Riverside, Ventura, Orange County and the San Francisco Bay Area.
Further Information: California assisted living and nursing home laws