Can I Sue a Home Health Aide for Negligence? By Chanfrau & Chanfrau on October 27, 2023

elderly woman in a wheelchair sitting at a table and eatingNeglect and abandonment in nursing homes is heartbreaking and unacceptable. Some families choose home health care with the hopes of avoiding the neglect that many have come to fear in nursing homes. Sadly, home health care services sometimes fall far below standards to the point of negligence. 

When a loved one has been injured by the neglect of a home health care aide, one question family members may ask is, “can I sue a home healthcare service for medical malpractice?” The Daytona Beach, FL, and Palm Coast, FL, attorneys of Chanfrau & Chanfrau can review the details of your claim to determine whether you have a strong case for a medical malpractice lawsuit. 

Home Health Aides and Medical Malpractice

Home health aides are medical paraprofessionals trained to care for people who are no longer able to care for themselves. They perform their duties in the patient’s own home and are typically responsible for assisting with daily needs, like eating, grooming, bathing, using the toilet, and moving around the home. They are also responsible for checking a patient’s vital signs, like blood pressure and pulse, and monitoring the patient’s physical and mental condition.

When a home health aide ignores their patient’s needs or is neglectful in their care and causes injuries or death, they may be held responsible and sued for medical malpractice.  

Types of Injuries in Medical Malpractice Claims

Home health aides are depended on by those under their care and have a duty to provide a reasonable standard of care for their patients. Neglecting their duties can lead to serious injuries or even wrongful death. 

Some types of injuries that may be caused by a home health aide’s negligence include:

  • Falls: Falls are a common concern for aging adults. Many home health aides are hired to assist patients throughout the day to help prevent them from falling. When a home care aide ignores or fails to properly supervise a patient, it can lead to a fall with serious injuries.  
  • Pressure sores: Pressure sores are wounds that can develop when a patient who is bedbound or wheelchair bound is left in one position for a prolonged period of time. Home health aides should move the patient to prevent sores forming on pressure points. Neglecting moving the patient can cause the skin to breakdown and create a pressure sore. 
  • Broken bones: Sadly, elderly abuse by a home health aide can result in broken bones and other injuries, like bruising.  
  • Failure to seek medical treatment: Home health aides are responsible for calling 911 and seeking medical treatment when a patient in their care is having a medical emergency. Failure to seek medical treatment can lead to injuries or death. 

Suing for Medical Malpractice

When considering filing a medical malpractice lawsuit against a home health aide, it’s important to consult a medical malpractice attorney. A medical malpractice attorney can help collect necessary documentation and evidence to hold negligent home health aides liable for the harm they have caused.  

Contact Chanfrau & Chanfrau

If you or a loved one has been injured by the negligence of a home health aide, you are encouraged to schedule a consultation with the Daytona Beach medical malpractice attorneys of Chanfrau & Chanfrau to discuss whether filing a medical malpractice lawsuit is the best course of action for you.

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Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

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For more information about our legal services, contact our firm online or call (386) 258-7313 today.

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