Can A Home Healthcare Professional Be Sued For Malpractice?

The home healthcare industry has grown significantly over the last decade. More agencies are hiring healthcare professionals to provide care to the elderly, adults, and children in the comfort of the patient's own home. It's a huge advantage for patients who are safe to leave the hospital but still need regular medical care, especially those who need long-term care. However, just like other medical professionals, home healthcare aides can be held responsible if they are negligent or commit medical malpractice.

What Is Medical Malpractice?

When a medical provider acts or fails to act in a way that breaches the standard of care, it may be considered medical malpractice. Four elements must be proven in a malpractice claim for a plaintiff to be successful in their case. The first element you need to prove is that the medical professional owed the patient a duty of care. Next, you must show that the medical professional violated the standard of care. Standard of care refers to what a similar medical professional would or would not do to treat the patient in a similar situation. The third element to be proven is causation, which means that because the medical professional violated the standard of care, it caused injury to the patient. Lastly, measurable damages suffered by the patient must be proven.

Are Home Healthcare Professionals Held To The Same Standards?

Yes, home healthcare professionals are held to the same standards as medical professionals working in hospitals, clinics, or other healthcare facilities. Home healthcare providers, including nurses, aides, CNAs, and physical therapists, are expected to provide the appropriate standard of care for their profession.

Home healthcare professionals must maintain appropriate licensing and certifications like other medical providers, stay updated on best practices, and follow ethical guidelines. Whether they are independent contractors or a home healthcare agency employs them, they have a legal duty to provide safe and competent care. Just because they provide care in a home rather than a traditional medical setting, it does not reduce the level of care legally expected.

What Are Some Common Examples of Home Healthcare Malpractice?

Some common examples of medical malpractice performed by in-home healthcare professionals include:

• Medication errors that may include giving a patient the wrong medication, incorrect dosages, or failing to check for dangerous drug interactions.
• Negligent wound care, including the improper treatment of bedsores, post-surgery wounds, or diabetic ulcers, that leads to severe infections.
• Failure to follow physician instructions or not adhering to prescribed medical protocols leading to patient harm.
• Failure to properly monitor the patient's condition. This may be ignoring signs of infection, worsening symptoms, or changes in vital signs.
• Physical or emotional abuse, cases of neglect, verbal abuse, or even physical mistreatment by home healthcare providers.
• Lack of proper training and/or supervision resulting in incompetent caregivers not adequately trained to handle a patient’s medical needs.

Who Can Be Sued In A Home Healthcare Malpractice Lawsuit?

Determining liability in a home healthcare malpractice lawsuit can be complicated. It depends on various things, including the circumstances of the negligence or malpractice, the parties involved, and their responsibilities. Several individuals or entities may be found liable, including:

• Individual home healthcare professionals: Caregivers or nurses can face direct liability for their actions if they commit abuse or neglect.
• Home healthcare agencies: Agencies may hold vicarious liability for their employees’ conduct. They can also be liable for negligence in hiring, training, or supervising staff.
• Third-party contractors: If caregivers are hired through a third-party agency, liability may depend on the contract terms and the oversight provided by the primary home healthcare organization.
• Medical professionals or facilities: When injuries involve medical negligence, such as medication errors or failing to address health concerns, healthcare professionals and facilities overseeing care may share liability.

Identifying the responsible party helps victims pursue legal claims and recover damages, including medical expenses, emotional distress, and other losses.

Ross Feller Casey Can Help With Your Home Healthcare Malpractice Case

In-home healthcare providers are required to comply with the same professional standards as other medical providers. If you or your loved one suffered injuries due to the negligence or malpractice of a home healthcare provider, you might be able to file a malpractice lawsuit and pursue compensation for your damages. While this won’t reverse the injuries, it can help relieve the financial burden those injuries have caused.

The knowledgeable medical malpractice lawyers at Ross Feller Casey in Philadelphia understand what you and your family have been through. We have helped families like yours win large financial recoveries in trial verdicts and settlements. We are prepared to do the same for you.

Contact our office to schedule your free consultation. There is no risk for you; there’s no charge until we win your case.