Since nursing homes are tasked with caring for the elderly, it’s not uncommon for the health of their residents to decline over time. If your senior loved one appears to be suffering from more than just old age, though, your family may have grounds for a suit against his or her long-term care facility. Typically, plaintiffs can sue a nursing home on the basis of negligence. Here is what you should know about this legal principle to build the most substantial claim possible.
Defining Negligence
Nursing home administrators and staff are obligated to maintain the facility to a reasonable standard and to provide adequate care to every resident. If those acting on behalf of the nursing home breach their duty of care, the facility could be held liable for all resulting damages. In general, though, plaintiffs can prove a defendant was negligent by demonstrating how any other reasonable party would have behaved differently in the same situation.
Tying Negligence to Damages
Common examples of nursing home negligence include hiring staff without conducting background checks, failing to implement safety measures to prevent falls, and failing to keep residents sufficiently hydrated. These examples all have the potential to cause injury, illness, and even death. And if they do, the victim has the right to bring a suit against the facility.
If negligence is the foundation of every successful claim, though, damages are the cornerstones. To recover a payout, claimants must not only prove that the facility was negligent but also that their family was harmed as a direct result.
If you want to sue a relative’s long-term care facility for negligence, turn to a compassionate personal injury attorney at Balderrama Law Firm. Located in Carlsbad, NM, this firm is led by Frank Balderrama, who has been practicing law for more than a decade. Named one of the “Top 40 Lawyers Under 40” by the Trial Lawyers Association, he knows how to resolve complicated personal injury suits in his clients’ favor. To schedule a free case review, fill out the form on his website or call (575) 234-1111.