Law Offices of David P. Crandall
Call Today!
free consultation
Local 949-345-1628
Toll free 800-577-8006

Pursuing a civil claim for nursing home neglect

Nursing homes are often chosen for a parent or grandparent in the hope and expectation that they will be well cared for. Sadly, this is not always the case, and older individuals are sometimes subjected to serious neglect or abuse that can cause both physical and emotional harm. California families who suspect that their loved one may be the victim of nursing home neglect retain the legal right to pursue a civil claim against the nursing home.

For the nursing home to be held liable, a victim or their family must first prove that the duty of care that was owed to the victim was breached. This could be a nurse that did not use the proper treatment concerning a patient, but may also be a failure to maintain the nursing home facility. Secondly, the standard of care must have been violated with respect to the victim.

Lastly, it must be proved that the nursing home or its employees directly caused or contributed the victim's injury. It is possible that the nursing home may attempt to argue that a patient's preexisting health conditions or medical status may have been the real culprit. However, it is entirely possible that the victim's conditions and overall health were actually worsened by the neglect that they suffered. If this is the case, then a nursing home may be found financially responsible.

Discovering that a loved one has been the victim of nursing home neglect can be an emotionally draining experience. The victim may have to deal with extensive emotional and physical trauma that can be accompanied by medical bills related to their injuries or worsened conditions. In California, victims or their families may pursue a civil claim against a nursing home that they believe is liable for the neglect. If the claim is successfully litigated, the victim or their estate can receive compensation for medical bills, pain and suffering related to the abuse suffered and other monetary damages recognized by our laws.

Source: FindLaw, "Nursing Home Abuse Claims", , Sept. 1, 2014

No Comments

Leave a comment
Comment Information