Cases of patients developing painful bed sores due to the negligence of their nursing home are a common occurrence today. Sores staying in contact with a rough surface, bed or wheelchair for long periods of time may turn fatal and cause serious harm to the victim’s health.
When a healthy elderly patient begins developing such pressure sores after receiving a nursing home’s service for a few months, the nursing home is held liable for lack of responsibility and proper caretaking.
Bedsores also called pressure sores or pressure ulcers, can be a huge risk to the sufferer’s life and make everyday movement a tough task for them. These sores might also require future medical treatment.
It is the caregiver’s responsibility to ensure that a patient vulnerable to developing bed sores is given proper medications, care, and any required treatment. If they fail to do so and your loved one goes on to suffer from pressure sores, you can rightfully ask the nursing home for compensation before filing a lawsuit if all else fails.
What Factors Determine Your Eligibility For Compensation?
You can take into consideration some conditions, which decide if the nursing home was actually responsible for the development of pressure ulcers. If any of these criteria were failed to be accomplished by the nursing home, you are eligible for a legal compensation:
Was a proper medical assessment held to tell if your family member was on the risk of developing pressure ulcers?
If so, were the conclusions of that assessment included the documentation into your family member’s nursing home care plan?
Did the nursing home or hospital conduct regular skin checkups particularly to avoid pressure sores?
As pressure ulcers are mainly caused by the lack of body movement, did your family member receive adequate help in bodily movements once in every while by the nursing home?
Ask if the medical department of the nursing home was vigilant with medications and relief methods provided to your family member who was at risk of developing painful pressure sores. Also, ask if food with good nutritional value was made available to the patient for improvement in their condition.
Lastly, were proper steps to curb a possibly fatal medical condition taken by the nursing home during the time your family member was under their care?
Even if one of the above-mentioned questions has “NO” as an answer, you can, by all means, ask for a bedsore compensation from the nursing home.
How To Calculate The Amount Of Bedsore Compensation?
Compensation amount can vary based on a number of factors. A recent case of fatal pressure ulcers development was compensated at £17,000. Confused about how to calculate that amount in your case? It depends on:
The severity of injury caused by bed sores.
Encountered loss of earnings on external care.
The requirement for future rehabilitation or bedsore treatment.
Pain caused by bed sore injuries.
Whether or not your family member has fully recovered.
Compensation value can vary from £2,000 to over £35,000 depending on above-mentioned factors and hospital or nursing home in concern. Legal assistance might be required to precisely calculate the compensation payout as a professional might better assess.
If you are looking to find out how much you can get compensated, then you are in the right place. Before that, let’s first find out how concussion is defined.
A concussion is a moderate or severe traumatic brain injury which occurs mainly after a blow to the head. Concussions are usually caused by a blow to the head during a road traffic accident, injury to the head after a blow in a criminal assault, or even a sports accident in which a blow to the head occurs.
The injury is very common in day to day life. It can also occur from having a person’s head and body violently shook. Most people do not understand that concussions can happen even after a slight fall that can make your head hit something hard on the ground; they think that concussions are mainly caused by accidents and basketball games.
Most concussions do not cause unconsciousness. The symptoms include headaches, lack of concentration, impaired judgment, confusion, nausea and vomiting, visual disturbance, ringing in ears and loss of balance and coordination. Some people recover fully from concussions while others develop into the Post-Concussion syndrome (PCS).
PCS is a condition in which a victim’s symptoms last for days, weeks, months or even years after a concussion has occurred. Statistics show that 15% of those who have concussions also suffer from PCS.
Symptoms of Postconcussions syndrome include:
changes in behavior and body emotions
These symptoms become worse in some people and medical doctors do not understand why. It is also not clear why some people have PCS.
Injury Claim For The Injury
Concussions and PCS are similar to other kinds of diagnosis and can take time to heal or recover. They can even lead to serious long-term effects like headaches, loss of vision, speech impairment and total memory loss.
The injury claim for concussion & postconcussion syndrome is considered in case of the following causes.
Causes For The Injury
Road Traffic Accident (RTA)
This includes when two or more vehicles collide on the way, or into another parked vehicle. It can also happen when a pedestrian gets hit by a vehicle on the road.
This can cause serious injuries to the head causing concussions. In this case, a claim is made and the victim compensated.
Games And Sports
Sports like rugby and football can be dangerous and cause a risk of brain trauma. The participants can get a concussion when they strike the ball on the head or when the ball hits them hard on the head. Such cases are unintentional and the player is compensated.
Falling From A Height Or Slipping
A Worker can fall from a construction site building and get injured on the head developing concussions. Not only workers, someone might accidentally fall from a tree, chair or stairs. An injury claim for concussion & postconcussion syndrome is given to the victim.
One can also get hit hard after a slight fall or slip. These can cause very serious bruises to the head leading to concussion injuries. One is likely to suffer severe brain trauma if the head hits on a very hard ground when they fall. A claim is raised and the victim is compensated.
Someone might get attacked by criminals on their way from work or when driving to work. A criminal can cause anyone serious blows on the head.
These situations are unintentional and can cause individuals serious injuries to the head leading to high risk of head and brain injury. Since these are unplanned, compensation is made to the affected victim.
These include falls from the hospital, wrong treatment, and misdiagnosis. The insurance company may consider compensating a claim that happens due to medical negligence.
These claims are genuine and not likely to happen at the victim’s will.
Public Liability Accidents
Someone might get an accident due to poorly maintained areas on the streets or other areas in the public. Also, the claim may cover privately-owned areas like shops, construction sites or garages.
Whether public or private, big or small, when anything injures you and causes you injuries especially on the head, you are supposed to be compensated.
Other possible causes that can help make an injury claim for concussion & PCS include holiday accidents, police officers injured on duty, work-related injury, industrial accidents and college/school accidents.
The Possible Amount A Victim Can Receive
An injury claim for concussion & post-concussion syndrome compensation amount depends on how severe the injuries are, cost of treatment and many other issues that are related directly to the injuries.
The mean compensation for a brain damage and concussion that is moderate ranges from $2,010 to $11,640. More serious concussion injuries that can cause damages to the brain range from $13,980 to $368,400.
Concussion and PCS can advance into epilepsy, psychiatric and psychological problems. These are also included in the claim in case the victim develops into such serious conditions.
Or you can watch this video below to determine that figure.
Types Of Compensation Available
These will consider all the damages caused to the victim himself. It includes suffering and pain, mental suffering and trauma and life threat caused to the victim.
This includes the compensation for the amount of medical treatment cost. It includes surgery, physiotherapy, and diagnostic tests.
This considers the cost of transport (Travelling bill) that the victim used due to and from the hospital. It also includes communication means (Telephone bill) used by the victim in the hospital during treatment.
It is important to know that winning an injury claim for concussion & PCS is not easy. The victim must include all claims encountered during the injury.
This will increase the chances of getting the entire amount that you need in order to be compensated. Additionally, one can get help from a concussion injury solicitor before filling any claim forms.
You would have to approach a lawyer who can help you determine that value.
The effects of concussion injuries and postconcussion syndrome can be a life-threatening issue. The more serious the condition gets the more expensive the treatment and care will be required. Some people may suffer a permanent memory loss and others may lose their vision completely.
Mild concussions can hide injuries like a broken skull or a blood clot in the head. This is how a common concussion injury can develop into a more serious and deadly problem.
Delays in diagnosing and treating head injury may lead to death. It is therefore recommended to always seek immediate medical checkup.