Guide to the Elements of a Nursing Home Abuse Lawsuit
Many elderly adults receive the around-the-clock care they need by living in nursing homes. However, many unfortunate residents face various forms of nursing home neglect and abuse by those tasked with looking after their health and overall well-being.
Knowing what happens in a lawsuit can help you understand what to expect and what the general outcomes could be. While you should discuss your case with an attorney experienced in nursing home abuse cases, here is an overview of the different aspects of filing a lawsuit to make informed decisions that protect your loved ones.
What Is Nursing Home Abuse?
Nursing home abuse occurs when caregivers or staff in long-term care facilities mistreat or neglect elderly residents. This form of abuse covers both intentional and unintentional harm, ranging from negligence to physical, emotional, sexual, or financial harm.
Cases often arise from inadequate training, staffing shortages, or a lack of proper care protocols. While some cases arise from negligence, abuse can also be intentional, such as staff members taking out their anger on patients who cannot stop them.
If abuse is taking place, hopefully a victim’s loved ones will see signs of abuse, such as unexplained injuries, poor hygiene, sudden changes in behavior, or financial discrepancies, and take action by contacting an experienced nursing home abuse attorney.
Elements of a Nursing Home Abuse Case
The laws may vary depending on where the abuse takes place. However, generally speaking, in order to establish a valid nursing home abuse case, you must demonstrate the following elements:
Duty of Care
Nursing homes and their staff have a legal duty to provide care consistent with community standards. This includes ensuring residents’ safety, providing medical care, and meeting their basic needs. Establishing that the nursing home had this duty toward you or your loved one is the first step in proving a case.
Breach of Duty
A breach of duty occurs when the nursing home fails to meet the standard of care required. There must be proof of a breach, such as failing to provide proper nursing care, inadequate supervision, or neglecting residents’ hygiene. Proving this breach is essential to a successful claim.
Causation
Next, it must be demonstrated that the nursing home’s breach of duty directly caused the resident’s injuries to succeed in a lawsuit. This means showing a clear link between the negligence and the harm suffered.
For example, if the nursing home fails to provide proper care to a bedridden patient, they may develop bedsores, which would be the harm caused by the breach of duty.
Damages
Damages refer to the harm, injury, or losses the resident suffered due to the nursing home’s failures. These may include physical injuries, emotional trauma, financial losses, or medical expenses. Proving these damages is essential to recovering compensation.
Typical Damages for Nursing Home Abuse
If your elderly loved one is a victim of abuse, you can file a nursing home abuse claim seeking compensatory damages. These damages might include:
- Past and Future Medical Expenses: Expenses that cover hospitalization, emergency care, surgery, rehabilitation, and other ongoing medical costs and equipment required due to the injuries resulting from the abuse.
- Short or Long-Term Care Costs: If abuse results in the need for additional caregiving, either in-home or at another facility, those expenses can be part of the damages sought.
- Emotional Distress: Emotional distress includes anxiety, depression, or PTSD resulting from abuse.
- Pain and Suffering: Pain and suffering damages compensate for the physical pain and emotional anguish experienced by the victim due to the abuse.
- Attorney’s Fees and Costs of Litigation: In successful cases, the defendant may be ordered to pay the plaintiff’s attorney’s fees and costs associated with the lawsuit, ensuring that victims receive full compensation.
California’s laws can also allow for punitive damages if the abuse was caused by acts of malice, oppression, or fraud. These awards are intended to punish the nursing home and deter similar behavior in the future.
Process of a Nursing Home Abuse Lawsuit
Every lawsuit differs, so your attorney may provide a timeline more specific to your case. However, lawsuits generally go through the following steps:
- Consult an Experienced Attorney: Consult with an attorney who handles elder abuse cases to determine if there is a valid claim.
- Investigation: The attorney will conduct a thorough investigation, gather evidence, obtain medical records, interview witnesses, and document the resident’s injuries to establish the case.
- File a Complaint: If a valid claim is established, the attorney will file a formal complaint in court, officially initiating the lawsuit.
- Discovery Phase: Both parties exchange information and evidence during the discovery process.
- Expert Discovery: The parties will each hire experts to testify regarding matters at issue in the case such as the standard of care, causation of harm, and damages. These experts will review all of the evidence in the case, form opinions, and then testify regarding those opinions.
- Settlement Negotiations: In some cases, discussions may occur at any point to reach an agreement without going to trial. If the settlement offered is insufficient, the case proceeds further.
- Trial: Both sides present their evidence, and a jury determines liability and the damages owed.
- Verdict: The jury decides the nursing home’s liability and, if successful, awards compensation for the damages suffered.
Seek Justice for Your Elderly Loved One with Holm Law Group
Nursing home abuse is a tragic violation of trust that affects some of society’s most vulnerable members. Understanding the elements of a nursing home negligence case and the damages that may be recovered is essential for families seeking justice for their loved ones.
Find compassionate and effective representation for victims of nursing home abuse at Holm Law Group. Contact us today to schedule a free case evaluation.