Proving Your Complaint Against a Nursing Home

Categories: Nursing Home Abuse

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You hire a nursing home to take care of your ailing loved one. You put your trust in them, pay them, and expect a caring and safe environment in return. Sadly, not all nursing homes provide what family members expect. In fact, nursing home injuries and wrongful deaths are becoming increasingly common in the United States.

Worse, as the aging population continues to grow, the number of injury and death cases is only likely to increase rather than decrease.

If you have a loved one injured in a nursing home, you may be interested in filing a claim against them to hold them accountable for their actions. To do so, you must provide evidence to not only establish your claim but ensure you receive the compensation you deserve.

Damages You May Receive in a Nursing Home Complaint Case

  • Medical Expenses – All necessary and reasonable medical expenses from the injury.
  • Actual Expenses – Any past expenses for the hospital, nursing home, laboratory testing, medications, medical devices, and doctor’s expenses.
  • Future Expenses – All anticipated future expenses, including cost of living, nursing home, and medical care.
  • Pain and Suffering – All physical, emotional, and mental anguish suffered by the victim as a direct result of his or her injuries.
  • Past and Future Impairments – The cost of future impairments from the injury, including the loss of enjoyment of life, spending time with family members, and so forth.

What Evidence is Required to Prove a Claim?

To prove a claim against a nursing home, you must have substantial evidence. Whether your case goes to trial or not, you must have established the legal elements of an injury claim. As the plaintiff, you have the sole burden to prove every one of these items, which include:

  • The Duty of Care – First, you must show that the nursing home owed you a duty of care or that they owed your loved one a duty of care. This is based on the care contract you sign when your loved one begins their stay at the nursing home.
  • Breach of Duty – After you have established that duty was required, then you must prove that the lack of care or skill was apparent enough that the average person would have noticed the breach in care. Sometimes expert testimony is required to show what the standard level of care is, and how the nursing home violated that standard.
  • Causation – You must prove that the breach of care was the cause of the injury or death. Sometimes this is difficult because nursing home residents are often frail, ill or have previous injuries. Therefore, your attorney must prove that injuries were caused by the nursing home’s negligence.
  • Breach of Contract – Sometimes, a breach of contract is another ground for a lawsuit. When a nursing home enters into a contract, it typically specifies the services they will provide and the cost for those services. When they fail to provide such services, they are in a breach of contract.

Speak with a Nursing Home Abuse Attorney Regarding Your Case

If a negligent nursing home injured a loved one, you have the right to hold them accountable for their negligence. Speak with an attorney today by calling attorney Clarke Nash. Contact him today about your potential injury lawsuit at 912-200-5292 or request more information online.