Nursing Home Liability
Nursing homes, including retirement, and convalescent and assistant living facilities, are intended to provide people with a safe and comfortable residence or environment for convalescence from accidents or surgeries, or residential alternative for their golden years. These facilities are required to provide a basic level of medical care as well as assistance with day-to-day activities such as dressing, hygiene, and meals. A failure of these facilities to provide adequate medical care, to follow medication instructions, or to provide security for their residents, can result in catastrophic and tragic consequences. There are statutes in Washington that protect specific classes of residents including elder care and elder abuse statutes. Rush, Hannula, Harkins & Kyler PLLC has handled many cases involving death and serious harm due to nursing home negligence.
Nursing home negligence can range from physical and sexual abuse to medication errors and mistakes involving feeding. In addition, failures and breakdowns in security of the premises can result in harm from other residents, from outsiders, and even from the resident himself who may be suffering from dementia or incompetence. Inadequate supervision may result in residents wandering into hazardous areas or even off the nursing home premises.
Nursing home negligence can arise for many different reasons including inadequately trained employees, insufficient supervision, employee fatigue and unqualified staffing. In addition, problems with the physical facility itself such as an unsafe bed, unsafe bathroom facility or other dangerous or inappropriately maintained equipment can cause resident injury and even death. See our premises liability section for more information regarding unsafe facilities.
Elderly patients may not be able to communicate about abuse or may be afraid to do so. Thus, people who have loved ones in nursing homes must be on the lookout for signs of abuse. You have reason to be concerned if a patient has bruises or burns, unexplained weight loss, infections, pressure sores or medication is inconsistent or erroneous. There are many instances when residents of these kinds of facilities either cannot communicate or are afraid to communicate the problems and issues they are experiencing. Negligent care or supervision may support a claim for monetary compensation.
If you or a member of your family has been injured or has died because of inadequate or inappropriate care at a nursing or assisted living facility, please contact Rush, Hannula, Harkins & Kyler PLLC at (253) 383-5388 or (253) 383-5388 or click here to submit a simple case form to receive more information.
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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
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