Allen & Parker talk truth when it comes to lawsuits, nursing homes

According to attorneys Jacob C. Parker and David S. Allen, each year there are innumerable accidents, intentional acts and failures to act that lead to injury or death that could be the fault of a nursing home or other care facility, based on either the conduct of an employee or a policy or ongoing practice at the facility.

To that end, Allen shares the following tips and answers to common questions regarding things to watch for to help families know their rights and those of their loved ones in the care of others.

Q: When can you sue a nursing home for hurting a loved one?

"A personal injury or medical malpractice lawsuit can be filed when an act of negligence, neglect or abuse ends up causing harm to a patient or resident," Allen said. "These cases arise from numerous types of facilities, such as a nursing home, convalescent home, assisted living, hospital rehab and/or home health care."

Allen added that one of the more common problems is the failure to prevent neglect.

"Neglect is defined as the failure to provide services essential to a person's health and safety, such as food, shelter, clothing, supervision and medical care," he said. "Such failures can be intentional or simply carelessness."

Many nursing homes have poorly qualified, inadequately trained or inexperienced staff or staff with a history of violence, as well as understaffed facilities. Some residents are isolated from family and reluctant to report abuse out of embarrassment or fear.

Parker aso said that signs to look for if you suspect nursing home neglect or abuse are suspicious, sudden or unexplained changes in conditions of a loved one. Any of the following might warrant further investigation:

  • Bedsores
  • Falls
  • Malnutrition/dehydration
  • Unsanitary conditions
  • Sepsis infections
  • Poor staffing
  • Resident being kept in an overmedicated state
  • Sudden changes in behavior
  • Staff refusing or delaying visitors to see resident
  • Unexplained death

"When a loved one is injured at a care facility, it is not always obvious what exactly went wrong, and who might be legally responsible," Parker said. "The evidence available is often incomplete and may be self-serving for the facility. You best first step would be discussing the situation with an experienced attorney."

Parker and Allen have joined forces to bring Chattanoogans and North Georgia residents a combined practice full of care and results when it comes to cases of abuse and negligence in nursing homes.

From the initial inquiry of the client, Parker and Allen go to work by first meeting with members of the family to allow them to give their account or timeline of events including where they were, where they are now and where they are headed. Parker then reaches out to the nursing home to request records and puts together his own timeline to be evaluated by expert physicians who are familiar with the standard of care. These experts help decide whether to give a nod forward to proceed with investigation of a violation.

MORE INFORMATION

Allen and Parker offer free consultations, and are glad to come to clients if needed. Their office is located at 4213 Cloud Springs Road in Fort Oglethorpe and they can be reached at 423-240-5120 or 423-227-3630. For more information, visit allenandparker.com.

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