Elements of a Nursing Home Neglect Case

Nursing Home Neglect Lawyer

A nursing home is supposed to be a safe and secure environment for elderly citizens. While most nursing homes and other long-term care facilities are great options that provide the elderly with excellent care and shelter, incidents of abuse and neglect remain common. If you or a loved one has suffered abuse and neglect at the hands of nursing home staff, it is in your best interest to contact a lawyer who has the experience and knowledge to help you. 

When you request the legal services of a dependable nursing home neglect lawyer, like one from Davis and Brusca, you can receive the support you need to go through the claims process successfully and with confidence. The guidance offered from a skilled lawyer can greatly improve your chances of obtaining a satisfactory compensation. 

How does a lawyer prove negligence?

For cases that involve nursing home abuse and neglect, a lawyer will have to present sufficient evidence in order to hold a staff member or facility accountable. When reviewing a case, a lawyer will look for four main elements to argue that negligence occurred: 

  • Duty. A lawyer must prove that a person (such as a staff member) had a duty to provide a base standard of care to the victim. 
  • Breach of duty. There must be evidence that the staff member who had a duty to provide care failed to fulfill their duty. 
  • Causation. There must be a direct link established between the staff member’s actions and the victim’s injury.
  • Damages. The person’s negligence resulted in damages done to the victim.

Upon reviewing evidence such as injuries, photographs, and medical reports, a lawyer will build a case to argue that a victim was harmed due to a staff member’s negligent actions. 

What are examples of neglect in nursing homes?

Elder abuse and neglect often go hand in hand. Within the context of a nursing home, neglect is defined as the failure to exercise a reasonable standard of care for a patient. Neglect in nursing homes can come in several forms. Some examples of neglect include: 

  • Withholding adequate food, water, clothes or shelter
  • Denying a patient access to bathroom
  • Failure to assist a patient with grooming or personal hygiene
  • Refuse to assist patients when they request help
  • Failure to prevent malnourishment

Request a Consultation For Legal Assistance 

Contact a trusted lawyer who can provide you the information and services you need to protect your rights as a victim of nursing home neglect. 

Information is power. Help win your own case!