Proving Your Nursing Home Negligence Case

When your senior parents can no longer care for themselves, you trust in nursing homes to give them the attention, support, and assistance they need to thrive. Unfortunately, many nursing homes are overcrowded, underfunded, and understaffed, which can lead to nursing home negligence. Even if no one meant to hurt your loved one, you may be able to sue for damages. Before you do, however, check out these commonly asked questions to better prepare yourself for a potential case.

Did the Nursing Home Breach Their Duty of Care?

The nursing homes have a duty to properly care for residents, which is why you trust them to care for your loved one. If your elderly parent is bed-ridden and can’t do anything for themselves (feed, bathe, go to the bathroom, etc.), you’ll need a long-term facility with sufficient staff and proper equipment.  If the care is substandard and your loved one suffers as a result, you may have a case.

Was Your Loved One Harmed as a Result of the Breach?

The breach must actually cause some kind of harm to your loved one: physical or emotional. For example, if your loved one was not properly cared for and developed severe bed sores, you may have a claim for damages.  If your loved one was not properly monitored and developed a severe medical condition like Sepsis (infection), Broken Bones, etc., you may also have a case.

What Are Your Loved One’s Symptoms and Injuries?

If you suspect your loved one is being neglected, start by looking for physical signs, such as rashes, bedsores, random bruises, and unexplained broken bones. If left untreated, this type of neglect can lead to skin or soft-tissue infections. Even if your loved one seems healthy, but the constantly have bad hygiene, it may indicate neglect.

Do You Have Proof of Negligence and Injury?

Proving negligence can be simple or incredibly hard. If your loved one has a lot of physical symptoms, especially repeated injuries (multiple breaks, multiple bedsores, etc.), it may be easier to prove. Similarly, your loved one may still have the ability to tell you about the neglect.

Unfortunately, many residents of nursing homes aren’t able to tell anyone what’s happening. This can be especially problematic if the neglect cause emotional symptoms instead of physical symptoms. Instead, you’ll need to rely heavily on how your loved one has changed and how nursing home neglect may be involved.

Your senior parent deserves the best in their golden years, but many nursing homes neglect patients on accident. Even if no one meant to hurt your loved one however, your loved one deserves restitution. If you would like to know more about how to fight a negligent nursing home, contact us at Smith Jordan Attorneys at Law today.

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