Nursing home residents and residents of other care facilities in Pennsylvania have legal rights, and too often, they don’t exercise those legal rights. Sometimes, it’s due to ignorance of the law and other times, it’s because no one is paying attention.
The reality is that residents of care facilities in Pennsylvania are often incredibly vulnerable and at risk of suffering from abuse, neglect, etc. Therefore, it’s up to family members, friends and caretakers to keep close watch over their loved ones.
In serious injury cases, medical bills can quickly pile up. Injured residents and their family members often want to know how medical bills get paid when the nursing home was at fault in the first place.
Financial Recovery for Medical Bills in a Lawsuit
Pennsylvania injury law is clear that injured plaintiffs have the right to make a claim for medical expenses already incurred as well as those which are reasonably expected to be incurred in the future. However, there must be evidence to support the need for future medical treatment, and the future medical treatment costs must be estimated in a reasonable manner. They cannot be subject to speculation or guesswork.
Using the example discussed in part 1 of this article, with the nursing home resident who suffered a hip fracture, there may be a valid claim for future medical care, i.e., a hip replacement. The resident’s medical doctor/orthopedic expert would need to provide records or a report indicating that a hip replacement is reasonably necessary in the future, as well as the projected costs of the procedure and related post-surgical care.
Other Claims for Financial Compensation in a Nursing Home Injury Lawsuit in PA or NJ
In addition to claims for medical bills, plaintiffs in nursing home injury cases can make claims for pain and suffering. There is no formula which applies to determine a fair amount of compensation for someone’s pain and suffering. Instead, pain and suffering claims are fact specific. Ultimately, the compensation award will depend on a whole host of factors, including:
- the injuries (how serious were the injuries?),
- the medical treatment (what type of medical treatment was necessary, and how much treatment was needed?), and
- how the individual’s quality of life was affected (did the individual suffer any serious impairments or difficulties?).
It is important to develop the evidence to support these factors. For instance, medical records, pictures of a wound, and testimony of family members and friends may all support a claim for pain and suffering. For instance, a friend or family member might testify that their loved one was very active prior to the injury, but afterwards became withdrawn and didn’t like to leave their room.
Nursing Home Lawsuits in Pennsylvania
If you are thinking of filing a nursing home lawsuit in PA for an injury or accident, please call our office for a free assessment. (215) 985-0777
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