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Nursing Home Negligence: Proving Negligence and Liability

Statistics show that more than 30 percent of all nursing homes experience some form of resident abuse. Approximately one-third of all nursing homes have residents that are subject to abuse, whether it is by the staff or other residents.

Proving Negligence and Liability in nursing home abuse caseWhat is even more alarming is that only about 20 percent of abuse cases are ever reported because many nursing home residents do not have the mental presence or confidence to report abuse for themselves. This means that nursing home abuse may be even worse than statistics report.

Nursing Home Standard of Care

Nursing homes are generally held to a greater degree of care than one individual owes another. This is due to the fact that nursing homes are entrusted with the medical treatment of their residents. When a nursing home is negligent, the victim may file a personal injury claim against it to seek compensation.

If you or a loved one has been the victim of nursing home abuse, you must meet certain elements in order to prevail in your lawsuit:

  • Duty of care. You must show that the nursing home facility owed a duty of care to you or your loved one. In most cases, this can easily be established as there is a contractual relationship between you and the nursing home.
  • Breach of duty. The next legal element you need to prove is that the nursing home breached the duty of care. In most cases, this element is proven by showing that the actions of the facility deviated from the standard of care.
  • You need to also prove that the nursing home’s breach of duty of care directly caused you injury. This means that you must prove that if the breach of duty had not occurred, you would not have been injured. This element can be difficult to prove.
  • In order to prove on your personal injury claim, you must prove that you suffered some form of damages. It is not enough that the nursing home’s action or treatment did not please you or your loved one. You need to suffer some type of either economic or non-economic harm. Non-economic damages include pain and suffering and emotional distress.

It is imperative that you immediately consult with a New York nursing home abuse attorney in order to timely file your claim. If you fail to file a lawsuit within a certain time period (known as the statute of limitations), you may be forever barred from bringing your claim.

Call an Experienced NY Nursing Home Negligence Attorney

Any type of nursing home abuse can be a terrifying experience for both the victim and their loved ones. The most important thing to realize is that you are not alone. The attorneys at Gersowitz, Libo & Korek P.C. have more than 30 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York nursing home abuse attorneys, please call 1-800-529-9997.

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