How to Prove That a Nursing Home Acted Negligently
How can you prove that a nursing home acted negligently? Perhaps you entrusted a nursing home with your elderly loved one. Maybe it got to that point in their life where they needed constant, around-the-clock care that you just couldn’t give to them. So, you sat down and researched every single nursing home in the area until you found the right one – or so you thought. It turns out that nursing home abuse is more common than we once thought. We don’t want to think that our loved ones could suffer from abuse by their caretakers, but this doesn’t stop it from happening.
The National Center on Elder Abuse estimated that about 1 out of 20 nursing home patients have been the victim of negligence or injuries by those who were supposed to be caring for them. Part of the reason why many cases are not successful is that people either don’t pick up on the signs or they aren’t sure where to start. But, if you suspect even in the least that your loved one could be in danger, you should do everything possible to fight for their rights. As people age, their eyesight, hearing, and mental capacity changes, and with that comes the sad reality that they might not even know abuse is happening to them. Some of the most common types of abuse include physical emotional, sexual, and financial. Some of the most common injuries include bedsores, falls, medical neglect, complications from giving too much medication, and more.
Why Nursing Home Abuse Occurs
If you suspect that your loved one is a victim of nursing home abuse, you may ask: Why? Who would hurt an elderly person? Many nursing homes are understaffed and underfunded, so sometimes abuse happens because nurses aren’t receiving the training they’re supposed to have, or because they have too many residents to care for, and so neglect happens by default. A victim might not be receiving the attention they deserve on both a medical and emotional level. You may have noticed that your loved one is suffering from elder abuse because they have unexplained injuries like welts and fractures, bedsores, or you saw them having arguments with their caregiver at times. What can you do?
Bringing a Lawsuit Against a Caregiver
If you can show that a nursing home had a duty to protect your loved one from harm but that they have still suffered under their care, you can hold the nursing home liable for damages. Using the term known as “vicarious liability,” you can hold a nursing home liable for injuries to your loved one when the caregiver is an employee, which means that you are bringing your claim against the entire company. The nursing home itself did not have to actually direct the actions of the caregiver for you to be successful in your case.
In many of these cases, the abuse is obvious. However, when it is not, you will need to have expert testimony showing that the duty of care was breached. Many states follow regulations that show a minimum standard of care in nursing homes and nursing homes are expected to follow these standards. What do you think occurred in your case? How can you receive help as your next step?
Turn to a group of attorneys that understand your case and how negligence plays a role in your nursing home abuse case. At Edelstein Martin & Nelson, we can help you if your loved one has suffered due to nursing home abuse. We have experience in these cases and want to help you in a desperate time when all you want to do is help your loved one. Call us today at 800-300-0909.