Nursing Home Law
More Americans are living longer than ever before thanks in part to improved medicine and food. As a result, more people live in nursing homes today than in previous generations. According to the National Center on Elder Abuse,
What is a Nursing Home Abuse claim?
- Negligent personal care and supervision
- Negligent employment or retention of guilty employees
- Negligently maintained premises that cause further harm
- Neglient maintenance or choice of medical equipment
What are the elements of a Nursing Home Abuse claim?
- Burden of proof, which confirms the plaintiff’s claim of duty.
- Breach of duty, which sometimes offers an expert medical testimony about any deviations from established “standards of care.”
- Breach of contract, which reveals a nursing home’s inability to meet the terms of the contract in which the plaintiff originally entered, but suffered injury.
- Standard of care, which establish minimum standards of care for private nursing homes.
- Causation, which refers to a patient’s ability to show the medical or healthcare professional deviated from the standard of care. Since defendents sometimes argue that a nursing home did not cause an injury, plaintiffs must prove that the senior’s injury was not inevitable due to a preexisting condition, complications, or advanced age.
- Damages, which may include: pain and suffering and medical expenses incurred to address negligent medical treatment.