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What is nursing home neglect?

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Several elements make up nursing home neglect.

Nobody intentionally hurt your loved one. However, even without the intent to cause harm, your loved one was seriously injured and you want to know if the nursing home may be held accountable.

The Nursing Home May Be Accountable for Injuries Caused by Neglect

If your loved one was hurt because of the negligence of the nursing home or any of its staff members then she may be entitled to damages. Nursing home neglect occurs when:

  • The nursing home owes someone a duty of care. Nursing homes owe all residents a duty of care.
     
  • The nursing home breaches that duty of care by failing to act like a reasonable nursing home would in similar situations. The totality of the circumstances may be considered when determining whether the nursing home’s actions were reasonable.
     
  • The breach of the duty of care caused the resident to suffer an injury. It must be proven that the injury would not have occurred but for the action or inaction that was the breach of the duty of care.
     
  • The person seeking damages for nursing home neglect has a legal right to such damages. Typically, this would include the resident who was hurt, the legal guardian of the resident acting on the resident’s behalf, or the personal representative of the resident’s estate who is acting on behalf of the estate after the death of the resident.

Each of these four elements must be proven in order to recover damages for nursing home negligence.

And Specific Action Must Be Taken

Even if nursing home neglect did occur and result in the serious injury or death for your loved one, you will still need to take action in order to make a fair financial recovery for the damage that was done. This type of nursing home abuse should never be tolerated. Instead, you can help your loved one and you can help change the nursing home climate by holding the nursing home accountable. Please read out FREE book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve, or call us today at 1-800-800-5678 to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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