Nursing homes have an obligation to keep their patients safe. When they do not, they’re violating more than just the promises they’ve made to families. They’re violating the law.

Take, for example, this case involving a man who passed away in May 2015. He had fallen and had to be fitted with a halo vest to support a fractured neck. He complained that his skin was stinging and burning under the vest. The 68-year-old man later went into septic shock after being rushed to the hospital due to brown drainage on the vest. It was discovered that he had an infected wound under the vest, one that would have been seen if anyone had cleaned under the vest while he was at the nursing home.

The man’s sister has now filed a lawsuit against the nursing home and is asking for over $100,000 in damages. However, there’s a problem with her case and at least nine other lawsuits against Orianna’s Upstate nursing homes. The company has filed for bankruptcy.

As a result of the bankruptcy, the lawsuits are stopped immediately. Bankruptcy also makes it more likely that the company won’t be held liable and has encouraged the company to stop making payments to some it had already had settlement arrangements with.

If you find that a loved one is struggling with the care a nursing home provides or has suffered injuries because of mistakes, it’s your right to pursue a claim. In many cases, you can receive a settlement or take the case to court for a trial with a jury or judge.

Source: Anderson Independent Mail, “Lawsuits over deaths at Upstate nursing homes stopped by bankruptcy filing,” Kirk Brown, April 13, 2018