Every day, Louisiana families make the difficult decision to put a loved one in a nursing home. These long-term care facilities offer services to older men and women who suffer from physical and mental illnesses. However, some facilities do not provide their residents with the best quality care, resulting in injuries and deaths. The nursing home is generally liable for injuries caused by negligent or abusive caregivers employed by the home. Nursing home negligence can affect victims and their families for years to come.
Residents injured in a nursing home may be able to file a negligence lawsuit against the home and their employees. In order to hold a nursing home or their employees liable for an injury, you will need to prove that there was negligent supervision or care, negligent hiring or negligent maintenance of the home or equipment. As with any negligence claim, you will need to prove that the defendant owed a duty to the injured person, that the duty was breached and that the injury was caused by the breach. These elements can be established with medical testimony about proper practices or procedures or referencing the applicable standard of care. Nursing homes typically must follow certain regulations implemented by the state. If employees have not adhered to the applicable standard, they may be found negligent by the court.
Nursing homes may try to defend themselves by showing that the injury was inevitable due to the residents’ poor health and therefore was not caused by any negligence. However, if a resident can prove that their health worsened as a result of the negligence, the home can still be held liable.
While no amount of money can take your pain and suffering away, filing a negligence claim against the nursing home responsible for your injuries can help you deal with any financial issues you may be having.
Source: FindLaw, “Nursing Home Abuse Claims,” accessed on Sept. 12, 2016