In some cases, nursing homes may be legally responsible for resident injury or death that occurs in the nursing home. Elderly victims and family members should be educated on nursing home liability laws and regulations. In cases where the nursing home is legally liable, victims or families may be eligible to earn financial compensation. This compensation may be used to cover medical bills and reimburse patients and families for pain and suffering from the incident. Those who have questions regarding nursing home liability should speak with an experienced nursing home abuse attorney as soon as possible.
Nursing Home Duty of Care
Just as in other legal agreements, a nursing home accepts a certain level of responsibility when accepting new residents. This is called the “duty of care.” The nursing home has a responsibility to provide residents with a level of reasonable care to protect residents and provide them with a safe environment. When a nursing home fails to provide this level of reasonable care, it may be liable for injuries that residents sustain while in the nursing home’s care.
Defining Reasonable Care
One of the main issues in nursing home liability is the definition of reasonable care. In order to be held liable for a resident’s injuries, the nursing home management or staff members must have violated their expected duty of care. This occurs when a nursing home individual acts in a negligent or careless manner when performing a duty expected of the facility, or completely fails to perform an expected duty that led to the resident’s injury. When examining nursing home liability, there must be evidence that the nursing home failed to meet the standard of care, and as a result, the resident suffered injury or death. Nursing home liability laws will typically hold a nursing home responsible in cases of medical errors and negligence.
Determining Nursing Home Liability
There are several factors to examine when determining nursing home liability. Nursing home liability generally holds that a nursing home is responsible for death or injury when management or staff members should have taken some action to prevent the incident from occurring. For example, consider a nursing home resident who is injured from falling. If the resident was properly monitored and items such as handrails and other safety precautions were present, the nursing home may not be liability. However, if the resident was unattended when he or she should have been, or if there were hazards in the area such as a spill on the floor, the nursing home may be held liable.
Proving Nursing Home Liability
When residents or family members of residents attempt to prove nursing home liability in a lawsuit, they hold the burden of proof. This means that they are responsible for providing sufficient evidence to prove that the nursing home failed to maintain the resident’s safety, and as a result, the resident experienced injury or death. In order to do this, the plaintiff, or suing party, must provide evidence such as documents and reports indicating the circumstances of the scenario. In some cases, an expert witness may be asked to testify that the nursing home violated the duty of care expected for residents who enter the home.
Hiring a Nursing Home Lawyer
Individuals and families who believe a nursing home is responsible for injuries or death suffered by a nursing home resident should speak with an experienced nursing home lawyer as soon as possible. An experienced lawyer can help to navigate federal and state laws to determine nursing home liability. A lawyer will also examine the details of each specific case, as nursing home liability often varies on a case-by-case basis with close attention to each detail. If the lawyer believes that the nursing home may be liable for the injury or death, the lawyer can then assist with legal proceedings to attempt to earn financial recovery for the individual or family. He or she will then collect the evidence needed for the plaintiff’s burden of proof in proving that the nursing home failed to meet the duty of care.
Sources:
Johnson, Lee J. “Liability for nursing home care.” Medical Economics 6 Aug. 2004: 68. Academic OneFile. Web. 1 Mar. 2014.
“Liability Risk for a Nursing Home Medical Director.” Tennessee Medicine: Journal of the Tennessee Medical Association 101.3 (2008): 8. MEDLINE with Full Text. Web. 1 Mar. 2014.
“Nursing home liability and damages, liability insurer prices and crises. (News and Notes).” Florida Bar News 15 Aug. 2002: 30. Academic OneFile. Web. 1 Mar. 2014.
Rice, Cheryl G. “Wound care and nursing home liability: new technologies can help caregivers heal pressure ulcers. But are providers using them?” Trial Nov. 2002: 42+. Academic OneFile. Web. 1 Mar. 2014.