What Proof is Necessary for Getting Compensation for a Nursing Home Injury?
Nursing Home Malpractice Lawyers
A seasoned nursing home lawyer can assist your family in getting a settlement for your loved one’s damages suffered while in the care of an assisted living facility. The National Consumer Voice for Quality Long-Term Care estimates that 97% of nursing homes in the U.S. do not have a sufficient number of nurses and nursing assistants. Without the necessary staff in place, it is often impossible to provide the level of care that is necessary to assure quality care to nursing home residents. It’s a sad fact that too many nursing homes favor profits over ensuring the safety and well-being of their residents. When a resident is harmed because of neglect or carelessness, they have the legal right to pursue compensation as a result. If they are unable to make important decisions on their own, their close family members can contact a nursing home lawyer to determine if they can hire legal counsel on the elder’s behalf. Attorneys represent elders and their families in claims and lawsuits against nursing homes and long-term care facilities. Call a law firm without delay to learn more about how a nursing home lawyer may be able to obtain a settlement on your behalf.
What is considered a nursing home injury?
As a nursing home lawyer may tell you, a nursing home injury could be any injury that is sustained while in the care of a nursing home.
- The injury may have been caused by negligence, carelessness, or by an act that was intended to cause harm.
- The injury may be mild, severe, or fatal.
- The injury be temporary and with proper medical treatment it may fully heal, or it may be a permanent injury.
- The injury may be unique in nature, or it may be one or more types commonly sustained in nursing homes such as bedsores, broken hip, severe dehydration, bruising, broken bones, and injuries to the genital areas.
What is considered proof of a nursing home injury?
Everyone’s situation is different because the circumstances are often unique (see nursing malpractice examples). When a nursing home lawyer reviews a case, one of the considerations is whether or not there is clear evidence that a resident was unnecessarily harmed. In some cases, a resident has an accident that is nobody’s fault, and the injury they sustain is unfortunate but there is nobody to blame for it. In other cases, the resident suffered an injury that was avoidable but for the action or inaction of a staff member of a nursing home. An experienced nursing home lawyer will have the ability and resources to differentiate a valid claim from one that is not. Examples of viable proof might include any of the following:
- Medical records of the resident’s injury, patient history, and treatment.
- Testimony from a medical professional about the nature of the resident’s injury and how it likely occurred.
- Eyewitness testimony from other residents, staff members, family members, and the victim themselves.
- Internal records of the nursing home showing patterns of negligence, etc.
To discuss your case with respected nursing home malpractice lawyers, contact a law firm today.