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My mother fell and fractured her hip in her nursing home. Should she pursue a lawsuit?

Every nursing home fall injury may be unfortunate, but not every nursing home fall injury should result in legal action. In order to determine if your mother’s fall injury should result in a lawsuit against the nursing home you must first determine if the nursing home, or an individual staff member, was negligent in the care of your mother.

What You Would Need to Prove

If you were to bring a successful nursing home negligence case, then you would need to prove that:

  • The nursing home owed your mother a duty of care. If she was a nursing home resident, then the facility owed her a duty of care.
  • The nursing home or its staff breached the duty of care by failing to act like a reasonable nursing home or staff member would in similar circumstances.
  • The nursing home’s actions or inactions that were a breach of the duty of care caused your mother’s injury.
  • Your mother has the legal right to bring a case. If the above elements of negligence are established then your mother has standing to bring a claim.

Before you can know whether the elements of negligence described above may be proven, you need to know exactly what happened when your mom fell.

How to Find Out What Happened

Often a full investigation will need to be done to determine what happened to your mom. An attorney can lead that investigation and ask the questions that need answering to determine if your mother has a potential nursing home abuse or negligence case. To find out more about how a lawyer can help your mother and what your mother should do to protect her rights, please start a live chat with us today.

Jason F. Abraham
Managing Partner, Hupy and Abraham