Featured News 2018 Nursing Home Abuse & Preexisting Conditions

Nursing Home Abuse & Preexisting Conditions

In situations where a resident of a nursing home has a preexisting condition, if the nursing home does not accommodate for that condition while the resident is in their care, it could be grounds for a lawsuit. When a nursing home makes a contract that says they will take care of a resident, they are also contractually obligated to accommodate the resident's medical issues. For example, this means having a clean room with no mold that can affect a person with respiratory troubles. This also means having serviceable baths for a resident with hip troubles.

Here is a list of examples of a nursing home acting negligently regarding a preexisting condition:

  • No provisions for disabled residents that use wheelchairs and walkers
  • Not offering other dietary options to someone who is allergic to the prepared food
  • Using old mattresses that are not medically conducive for a resident with chronic back pain
  • Taking on a resident who needs help with medications, but not having a trained nurse who can assist the resident in taking their meds

When Nursing Homes Breach Contractual Obligations

If a nursing home signs an agreement, they agree to take care of the resident with their preexisting conditions in mind. If a nursing home worsens a preexisting medical problem, it could be grounds for a lawsuit. Failing to attend to the needs of a resident with a medical issue is negligence—especially if the issue worsens due to a home's lack of care.

Nursing homes are built to let a resident have the freedom to live their life on their own while simultaneously taking care of niche needs that a traditional family home cannot meet.

A nursing home should never sign on a resident if they cannot fully accommodate that resident's medical history. When a home says they can take care of a resident, and they fail to do so, the home is arguably negligent for housing the resident in the first place. The situation should be evaluated by a judge in court because failing to care for a nursing home resident is negligence.

If a loved one's medical condition is declining due to the home they are in, you should hire a nursing home attorney immediately. A nursing home has no excuse for making the health of a resident worse, and if you suspect that's the case, there are steps that you can take. Contact a nursing home abuse lawyer you can trust to discuss your legal options.

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