What Do I Need to Prove When Suing for Nursing Home Negligence?

What Do I Need to Prove When Suing for Nursing Home Negligence?

Too often, elderly adults suffer abuse or neglect in the nursing homes that are responsible for providing them with proper care. When nursing homes fail in their duty to care for their residents, the residents’ families should be able to hold the facilities both legally and financially responsible.

If you’re considering suing a nursing home for negligence, you probably have a lot of questions. At Petro Accident & Injury Attorneys, a Birmingham AL nursing home neglect lawyer can help. Below, we discuss common issues that arise in a nursing home negligence claim and what evidence you need to pursue a lawsuit.

Examples of Nursing Home Negligence

When our vulnerable loved ones need more help and support than we can provide at home, we put a lot of trust in nursing homes, senior living facilities, and long-term care centers. Unfortunately, that trust is sometimes broken.

Nursing home negligence occurs when a facility or its employees violate a duty of care and injure a resident. Common situations of nursing home negligence include:

Inadequate Medical Care and Monitoring

The physicians, nurses, and other medical professionals within a nursing home must properly diagnose, treat, and monitor their patients. When they violate the appropriate medical standard of care, they may be liable for damages.

Lack of Supervision

Residents rely on nursing home staff for many of their essential daily needs. When residents are not adequately supervised and call buttons are ignored, the results can be catastrophic.

Unsafe Facilities

When the facility knew of hazards on its premises and did not protect residents from these dangers. This may include cases of slip and falls, situations where an assault occurs, and other safety issues.

Violations of Health and Safety Policies

Both federal and Alabama laws govern the operation of nursing homes. When long-term care centers violate these rules and regulations, they may be liable for a resident’s damages.

When a nursing home’s actions or neglect result in a loved one’s injuries, you can demand compensation. Depending on your loved one’s circumstances, their damages may include compensation for their medical bills, pain and suffering, shortening of their life span, emotional distress, and wrongful death. For a personalized assessment of your nursing home negligence claim, contact Petro Law Firm today.

What Should I Do If I Suspect Nursing Home Negligence?

Report Your Concerns to the Nursing Home

If you’re concerned about your loved one’s safety and welfare, you should immediately report your concerns to the nursing facility. Sometimes, a word with a supervisor can quickly remedy the situation. However, if the problem persists, or the violation is sudden and severe, you need to act quickly to preserve your loved one’s legal claims.

Get Your Loved One Medical Care

First, you should get your injured loved one the medical care they deserve. If they were involved in a fall, bed rail injury, or another incident, make sure their doctors know about the situation. The physicians’ medical records may become valuable evidence when suing a nursing home for negligence.

Document Injuries and Safety Violations

Second, you should document your loved one’s injuries and the nursing home’s safety violations. For example, you may want to take pictures of the accident scene, inadequately cleaned facilities, or your loved one’s physical injuries. You should also get the names and contact information of anyone who witnessed your loved one’s injury or the nursing home’s response.

Speak With a Supervisor

Next, voice your concerns to the nursing home. Sometimes, a quick word with a supervisor will quickly remedy the situation. However, if your concerns about improper or inadequate care persist, immediately consult with an experienced nursing home injury lawyer.

Consult With an Attorney

A nursing home neglect lawyer can help you properly investigate your loved one’s negligence claim, build a comprehensive case against the nursing home, negotiate with its insurance companies, and present their claims to a judge or jury (if necessary).

Suing a Nursing Home for Negligence Isn’t Easy

Even if you think your claims against a nursing home seem “cut and dry,” most negligence cases require help from a knowledgeable Alabama injury lawyer. Some nursing homes will do everything in their power to protect themselves and their financial bottom line. This may include creating self-serving medical records, failing to document problems, or blaming victims and their families for their injuries. To get to the root of the problem, you’ll need a detail-oriented and aggressive nursing home neglect lawyer at your side.

To prove your case, you may need evidence of the following:

  • The nursing home’s negligent actions, regulatory violations, and neglect, including:
    • Medical records and nursing notes
    • Photographs and video
    • Testimony from eyewitnesses and experts
    • Information about the facility’s hiring practices
  • Your loved one’s damages, including:
    • Medical bills
    • Estimates of their future medical needs
    • Information about their pain and suffering
    • Expert opinions about how their lifespan and quality of life were reduced
    • Documentation showing financial exploitation

At Petro Accident & Injury Attorneys, we’ve built a reputation for our skilled handling of medical malpractice and nursing home negligence claims. We treat our clients with the dignity and respect they deserve, and commit ourselves to holding negligent care providers and facilities responsible.

If You Are Considering Suing a Nursing Home for Negligence

Suing a nursing home for negligence is a time intensive and detailed process. Before you start on this journey, it’s best to first consult an experienced Birmingham AL nursing home neglect lawyer. Contact Petro Accident & Injury Attorneys today for a confidential evaluation.