SEEKING COMPENSATION FOR YOUR DAMAGES RELATED TO A LOVED ONE’S CLOGGED BREATHING TUBE
Often, nursing home residents cannot advocate for themselves. If your loved one’s health worsened or if he or she suffered an injury because of a blocked tracheostomy tube, it is your job to advocate for your loved one by filing a nursing home neglect claim with the facility’s insurance provider. In addition to filing a claim, you should make a complaint to the Minnesota Department of Health Adult Abuse Reporting Center. This will not only support your claim, it will bring the neglect to the state’s attention and ideally, protect other residents in the facility from future instances of neglect.
Through a nursing home neglect claim, you can seek compensation for the following damages on your loved one’s behalf:
- His or her medical expenses;
- His or her emotional trauma;
- The cost of moving your loved one into a new facility;
- His or her reduced quality of life because of the neglect; and
- Punitive damages for the facility’s negligence.
Following a death related to a blocked breathing tube, the victim’s family members may file a wrongful death claim to seek compensation for all damages related to the death. This can include compensation for the victim’s medical bills, compensation for his or her burial and funeral expenses, and compensation for the filing party’s emotional trauma surrounding the victim’s death.
Recovering compensation requires you to provide sufficient evidence to demonstrate that your loved one’s injury or death was the direct result of a caregiver’s negligence. Evidence you can use to support this claim can include:
- Documentation from your loved one’s doctor explaining the nature of his or her injury;
- A copy of your loved one’s autopsy report;
- Photographs of the blocked breathing tube or the infection at the intubation site;
- Testimonies from others who saw your loved one struggle with a blocked breathing tube, such as other residents, other staff members, and other residents’ family members who were present in the facility; and
- Any proof that shows that your loved one’s caregiver was not qualified to monitor his or her tracheostomy tube, such as the caregiver’s lack of documentation showing that he or she had been trained to monitor that type of medical equipment.
Additionally, you will need to provide records of the expenses you and your loved one’s estate suffered, such as copies of his or her medical bills.
WORK WITH AN EXPERIENCED NURSING HOME ABUSE ATTORNEY IN MN
If your loved one’s health suffered or he or she died because of a clogged breathing tube that could have been prevented if a caregiver had been more vigilant, you could be entitled recover monetary compensation for his or her damages as well as your own through a nursing home neglect claim. To learn more about pursuing this type of compensation, contact our team of experienced MN attorney for nursing home neglect at Kosieradzki Smith Law Firm LLC today to schedule your initial consultation.
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