Contact A Lawyer When A Nursing Home Ignores Special Dietary Requirements

8 January 2015
 Categories: Law, Blog

Nursing homes are entrusted with each resident's care and are expected to be diligent about the needs of all patients. Neglect may occur when staff members are overworked or not trained thoroughly. Sometimes a resident is injured because special dietary needs are not followed. If you are in a situation in which your loved one in a nursing home has experienced detrimental health effects because dietary requirements were ignored, contact a personal injury attorney for assistance.

Why This Type of Neglect Occurs

You might assume that special dietary needs shouldn't be so difficult to accommodate. However, the dietary aides in a nursing care facility may never be educated properly on the importance of keeping certain food ingredients away from certain patients. They may be working in a hectic enough environment that they don't catch every mistake that happens. If they notice a mistake has been made, they may very well feel that a little bit won't hurt. 

The Implications

The results of this lax attitude can range from moderately bothersome to disastrous. A patient with celiac disease who eats some gluten may develop diarrhea and intestinal pain for a day or two. The same type of symptoms may occur in a person with lactose intolerance who eats something containing that substance.

However, a resident with a severe allergy to a certain type of food can quickly develop an anaphylactic reaction that may be fatal. This can happen even when the amount of the ingredient ingested is tiny. 

How an Attorney Can Help

An experienced lawyer can help you obtain the financial compensation you deserve if your loved one has been harmed by nursing home neglect involving a food allergy or intolerance. This lawyer will likely begin by demanding a certain amount of money as a settlement. If the request is denied, he or she will file a lawsuit. Depending on your circumstances, that may be a personal injury lawsuit or a wrongful death suit.

Typically, the care facility's insurance company negotiates a settlement rather than having its lawyers bring the case to trial. Company representatives know that a jury is quite likely to side with the plaintiff in a case like this, and may award substantial damages that the lawyer did not even ask for. 

When someone lives in a nursing home, that person and the family members count on the staff to provide all the basic essentials and to treat the residents with dignity, respect and compassion. That trust should not be taken lightly. Contact a personal injury lawyer for a free initial consultation.