There is absolutely no excuse for nursing home neglect. Residents have the right to expect compassionate, professional care from all nursing home employees, from nurses and doctors to aides and housekeeping services. Sadly, some residents do not receive even adequate care much less exceptional care in a nursing home. They are neglected by employees and even abused by staff members, visitors, or other residents. Nursing home neglect must stop!
If you believe your loved one is the victim of nursing home abuse or neglect, the nursing home neglect attorneys at the Shelton Law Group can help you pursue a claim against the nursing home and all parties involved.
Holding Parties Liable for Nursing Home Neglect
A nursing home that has neglected its residents can be held liable for damages. However, a lawsuit may need to be filed to force the nursing home or other responsible parties to pay compensation for the damages incurred by the resident. In a nursing home neglect lawsuit, we must prove the following elements to prove the parties were negligent:
- The nursing home and other parties owed a legal duty of care to the resident;
- The parties breached their duty of care by failing to act or acting recklessly;
- The parties’ breach caused the nursing home resident’s injuries; and,
- The resident suffered damages because of the injuries.
The duty of care is easy to establish because the nursing home and its employees owed a duty of care to the resident under the contract signed with the nursing home. Furthermore, in general, we all owe a duty of care to others not to act in a manner that causes harm. The parties have a duty to avoid exposing the residents to unreasonable risk.
The breach occurs when the party fails to perform his or her duty. Neglecting a resident is a breach of duty because the neglect places the resident in harm. The resident may develop bedsores, become dehydrated, develop malnutrition, or become ill. If the resident suffers an injury that results in damages, the party may be held liable.
However, the nursing home may try to argue that the injury or illness would have occurred regardless of the actions of the nursing home. The nursing may also try to argue that the injury or illness was unforeseeable; therefore, it should not be held liable. It is important to contact a Louisville nursing home neglect attorney who understands how to prove the nursing home was liable. An attorney can investigate the circumstances surrounding the resident’s illness or injury to determine if neglect was the cause.
Seek Legal Advice From A Louisville Nursing Home Abuse Attorney
You entrusted a nursing home to care for your loved one. If the facility and its staff are failing to provide proper care due to neglect, your loved one can suffer serious injuries. Contact our office to discuss your situation if you believe your loved one has been injured because of nursing home neglect.