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Filing A Negligence Claim Against A Nursing Home

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Elder abuse laws protect aged persons from negligent nursing home staff. Nursing home abuse can take the form of mental, physical, financial, and sexual abuse, as well as medical malpractice and wrongful death in the worst-case scenario. A nursing home neglect lawyer specializes in elder abuse laws and assists individuals with nursing home negligence claims in obtaining compensation. Any neglect or abuse allegation against a nursing home must be thoroughly investigated for veracity before pursuing legal action. Therefore, a nursing home neglect lawyer considers the circumstances of the violence, the patient's medical background, and the legal requirements to create a solid case against the nursing home. A nursing home neglect lawyer will help you establish negligent behavior in the following way.

Establishing Nurses' Duty of Care

A nursing home neglect lawyer is familiar with the legal process of proving negligence. First, the nursing home must have a duty of care to the elderly patient. A nursing home neglect lawyer establishes the duty of care by demonstrating a valid treatment and care contract between the patient and the nursing home. When the patient proves that the nursing home has a legal responsibility to provide treatment, a duty of care is established. Additionally, the contract-created duty of care often establishes a fiduciary relationship between the patient and the nursing home. The presence of a fiduciary relationship obligates the nursing home always to do what is best for the patient, thereby shielding the patient from all forms of abuse.

Proving Negligence

Following the establishment of a duty of care, the next step is to demonstrate that the nursing home behaved negligently. Negligence may occur as a result of either an act or an omission. As a result, a nursing home neglect lawyer determines the nursing home's negligence by demonstrating that the nursing home either intentionally violated the elderly patient's rights or negligently failed to conduct contractually guaranteed acts, resulting in the patient's abuse. 

Proving the Sustained Injury

The final stage of evaluation involves demonstrating that the elderly patient was harmed or abused and that the cause was the nursing home's negligence. A nursing home neglect lawyer reviews the patient's medical history and compares it with current medical information to show the imparted injury. A thorough understanding of elder abuse laws is required to establish a connection between the nursing home's negligent act or omission and the patient's injury. Further, nursing home neglect lawyers are essential in situations where there is no physical violence. For example, arguing that emotional abuse is severe enough to merit compensation is a complex challenge that someone can only accomplish with legal education.