Nursing homes are supposed to provide care that enables individuals to recover from injuries or illnesses. Nursing homes are facilities that allow patients to avoid long hospital stays. While nursing homes have been helpful for many Kansas citizens, they have also left many unfortunate individuals even more injured or ill. Many nursing home lawsuits are based on a nursing home’s inability to provide the standard of care required by Kansas law. As part of this standard of care, if a physician orders that a particular patient receive specific treatment or care, nursing home staff members must abide by those orders.
Standby Assistance Under Kansas Law
For patients who are unable to walk on their own, they often require what is called “standby assistance.” These are patients that require the use of wheelchairs, crutches, walkers, and other equipment to help them move from point A to point B. In Kansas, the definition of standby assistance “means the presence of another person, within arm’s reach of you, that is necessary to prevent, by physical intervention, your injury while you are performing an Activity of Daily Living.” Activities of daily living are basic functions, such as walking, bathing, going to the bathroom, and eating. For patients who cannot perform activities of daily living on their own, they need standby assistance so that they can get through the day.
When nursing home staff members fail to provide a patient with standby assistance, that patient is neglected, and does not receive the level of care required in order fulfill the basic necessities of life. For example, if a patient needs to go to the bathroom, and needs assistance getting into a wheelchair from the bed, a nurse or other staff member will need to help this individual into the chair. If the patient is asking for help and does not receive it, this patient may try to get into the wheelchair on his or her own. By doing so, there is a substantial risk that the patient will fall and suffer an injury.
While many people may say that the patient should not attempt to get into the wheelchair on his or her own, when the patient needs to go to the bathroom and nobody is around to help, that patient feels the only option left is to attempt to take the task on alone. Many patients have suffered broken bones, head trauma and other injuries from not having the required standby assistance when they need it the most. Nursing home patients are often fragile, and if they are ignored or allowed to move about without standby assistance, against a physician’s order, then any injury those patients suffer may be directly linked to a nursing home’s failure to exercise the required standard of care.
Contact Michael R. Lawless, PA Today To Schedule A Free Consultation
If you believe you or a loved one has been a victim of nursing home abuse or neglect, you need to speak with a Kansas nursing home neglect attorney as soon as possible. Nursing home staff members are healthcare providers that owe you a duty of care and you do not deserve to suffer because of a nursing home’s wrongdoing. With 27 years of experience, Michael R. Lawless has devoted his career to helping individuals who have suffered injuries at the expense of another’s negligence. Michael R. Lawless will stand by your side to ensure you receive the compensation you deserve. To schedule your free consultation, call Michael R. Lawless today at (913) 681-5566, or you may reach us toll-free by calling 1 (800) 734-3771. You may also contact us online and we will respond to your inquiry as soon as possible.