Proving Nursing Home NegligenceAdmin2022-11-09T13:57:00+00:00
Proving Nursing Home Negligence
Get the Compensation You Deserve With Los Angeles Elder Abuse Lawyers
If you have a loved one in a nursing home, it pays to ensure they are not suffering from nursing home neglect or abuse. In general, the older your loved one is, the more likely they are to be abused by their place of residence.
Elder abuse is more than just physical; it can also be psychological, emotional and verbal abuse. Sexual and financial abuse, as well as abandonment all fall into the category of elder abuse. These types of abuse are often inflicted on someone when their caretaker feels as if he or she is isolated.
What Duty of Care Does the Nursing Home Owe to an Elder Resident?
Nursing homes owe a duty of care to their residents as medical providers and as parties to a legal contract. The nursing home duty of care is to provide protection, safety, and care, and to avoid behaviors or conditions that could cause harm.
This is why the nursing home can be held accountable even if the injuries were caused by another nursing home patient, rather than a nursing home employee — Were residents properly supervised?
The resident and the nursing home have entered into a legal contract that specifies the amount and type of care and medical services the resident will receive in exchange for compensation, and is legally liable to provide that level of care and services. It’s also responsible for operating a facility that meets federal and state standards.
Elders in healthcare facilities can suffer neglect, physical abuse, sexual abuse, psychological abuse, and financial exploitation.
Neglect is defined as failure to provide services essential to health and safety, which includes adequate and appropriate food, safe and hygienic shelter, appropriate clothing, adequate supervision, and prescribed medical care.
Bringing a Nursing Home Abuse Case to Court
After a serious nursing home injury occurs, families have every right to consider a personal injury lawsuit. Whether the injury resulted from lack of supervision, nursing medication error, or understaffing misconduct, the nursing home itself may be liable.
The specific claims in a nursing home lawsuit will depend on the type of abuse, and whether the action was intentional or negligence. Filing the wrong complaint in court could get your case dismissed.
Work with a personal injury or elder abuse attorney to determine exactly what claim to bring in an elder abuse lawsuit. Provide the documentation you have been collecting. If you have already reported negligence or abuse to the state and they have investigated and issued a report, share that with the attorney.
Your attorney may file a case for:
Negligence. Failing to provide food, clothing, personal care, medical care; substandard building maintenance, lack of staff supervision, inadequate staffing
Negligent hiring. Hiring staff who lack appropriate licensure or training, or who have prior criminal records
If your complaint involves a breach of the nursing home contract, there may be an arbitration clause. If that is the case, you will either have to enter into arbitration or you will need to go to court to first prove why that clause should not be enforced.
Evidence of Injuries & Neglect That Deserve Compensation
Your most important task, as an injured person or family member, is to provide as much evidence as you can regarding the existence and extent of injuries; This can be physical, mental, emotional, or financial injury.
You do not need to prove the cost of the injuries. That is the job of the nursing home abuse lawyer to investigate current and future costs so an accurate, thorough, and complete settlement agreement can be reached.
Sources of information to prove that physical injuries occurred:
The statements of the victim, witnesses and nursing home supervisors regarding the incident
Locations and a timeline of events
Descriptions and photographs of injuries
Emails or letters you received from the nursing home administration
The state agency investigative report
Information to prove the financial cost of injuries:
Medical bills and rehab bills
Drug and medical equipment bills
The victim’s finances
Your personal injury lawyer will consult with doctors, rehab professionals, therapists, psychologists, and others involved in providing follow-up medical care to determine what will be needed in the future. Any money damages received will need to cover this future medical care.
Proof of Pain and Suffering Such suffering is not less real at the end of life than it is at the beginning. Elders deserve equal compensation. Seeking counseling for the elder may be helpful in documenting:
Fear that limits the senior from engaging in activities they once did and that reduces their quality of life
Loss of enjoyment of life from depression, anxiety, or post-traumatic stress disorder (PTSD)
Past and ongoing pain
Difficulties with mobility
Loss of capacity
Get Legal Help From an Experienced Elder Abuse Attorney
Placing a loved one in a nursing home is a difficult decision as the family puts trust into the facility. When that trust gets broken, the consequences can be severe, and can result in injury or even wrongful death.
Discovering that someone you love is the victim of abuse in a nursing home can be devastating.
Although there is no way to reverse the suffering elder abuse causes, seeking compensation with the help of a nursing home abuse lawyer can help you afford medical treatment that’s needed to start the healing process.
You have the right to take legal action against the facility or caregiver responsible for your elder loved one’s injuries and suffering.
Top Nursing Home Negligence & Elder Abuse Lawyers in Los Angeles
If you have seen signs of nursing home staff negligence or abuse while visiting your loved one in a nursing home, contact an experienced Los Angeles personal injury lawyer immediately.
If your loved one has been injured or neglected due to someone else’s poor behavior, you deserve an experienced elder abuse lawyer to fight passionately by your side.
Our dedicated attorneys at Grey Law have 25+ years of experience in handling nursing home abuse cases in Los Angeles courts and will protect your legal rights and help you recover the compensation you deserve.
For a free initial consultation and dedicated representation, please don’t hesitate to call 323-673-3655 or email email@example.com today.
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