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Questions About Care – When Can I Sue?

Serving Families Throughout Las Vegas
Steve Burris

When someone makes a mistake, it can be hard to tell whether or not the error was preventable and/or merits a lawsuit. As such, we discuss some of the most common questions about medical care and help patients determine when it is justifiable to file a claim.

If you still have questions after reading, we are always available at (702) 529-3101.

Can I sue for bedsores? Can I sue for pressure ulcers? Can I sue for decubitus ulcers?

“Bedsores,” “pressure ulcers,” and “decubitus ulcers” are all names for the same thing. These open sores typically occur when a patient is bed-ridden for a length of time and not given proper care. To prevent the skin from breaking down, staff must turn patients regularly (readjust their position in bed), clean their sheets, keep their buttocks area clean and dry from urine and feces, and other basic nursing functions.

Because pressure ulcers are painful and preventable, Medicare penalizes facilities where they occur. Many times, to avoid these penalties, facilities will not record or report the injury properly, or even try to cover up the existence of bedsores.

Our law office has successfully sued hospitals and skilled nursing facilities numerous times for these avoidable and unacceptable skin ulcers.

Can I sue for being dropped at the hospital? Can I sue for being dropped at the care facility? Can I sue for being dropped at the rehab facility? Can I sue for being dropped at the rehab hospital?

Patients are regularly assisted, physically, or carried, by staff at hospitals, skilled nursing facilities, and the like. There are specific protocols staff must follow to make sure patients are not dropped.

All too often, staff fail to follow these protocol and drop patients as a result. Being dropped onto the floor, a table, or another hard surface can have serious consequences for the sick and elderly.

There is never a legitimate reason to skip or ignore protocol and drop a patient. Further, when these accidents occur, nurses and staff sometimes fail to record the incident in medical records.

Regardless of whether or not the drop is documented, however, you can still file a lawsuit for this type of negligence.

Can I sue for falling at the hospital? Can I sue for falling at the care facility? Can I sue for falling at the rehab facility?

Similar to drops, falls are largely preventable. Nevertheless, about 1,800 people living in nursing homes die each year from fall-related injuries. Most people fall while getting in and out of bed because they are not receiving the assistance they need or because those assisting do not have the correct training nor follow protocol.

Understaffing and inadequate training are huge problems at long-term care facilities and medical rehab centers. Additionally, falls can sometimes occur when doctors change a patient’s medication schedule.

If you or a loved one falls and sustains an injury due to a lack of assistance or improper care, you may have a lawsuit against the facility.

What is the statute of limitations in Nevada for a suing a hospital? What is the statute of limitations in Nevada for suing a doctor?

Generally, you have one (1) year from the date you discover your injury and/or attribute it to medical negligence to file a lawsuit. For skilled nursing facilities are nursing homes, the statute of limitations may expand to two (2) years.

The true deadline for your case will depend on various factors. When you consult an attorney, they will help you determine and adhere to the statute of limitations. To protect your legal rights, speak with a lawyer as soon as possible.

Where can I find an attorney?

Burris & Thomas, LLC handles nursing home errors and other lawsuits in Las Vegas and across Nevada. Our firm has more than 45 years of experience helping patients and their loved ones recover just and fair compensation.

If you have suffered at a nursing home, hospital, or long-term care facility, please call us at (702) 529-3101 or contact us online to request your free consultation.