Establishing Liability in a Chattanooga Nursing Home Abuse Case

Establishing Liability in a Chattanooga Nursing Home Abuse Case

When we suspect that our loved ones are suffering from substandard care by the nursing home that we trusted to care for them, hurt and anger are often frequent emotions. Fortunately, with the help of an experienced attorney, you could hold negligent homes accountable. However, establishing liability in a Chattanooga nursing home abuse case could be tricky. It may be best to first consult an attorney who could evaluate your case for liability.

How Liability is Defined and Applied to Chattanooga Nursing Home Abuse Cases

Nursing home liability in abuse cases refers to making a health care facility pay for the losses a person suffers as a result of an injury such as a bedsore or other types of injuries. So, liability means the medical facility has a duty of care to its patients and then ignored that obligation.

Nursing homes owe every patient a duty to assess, monitor and treat them properly. As a result, a nursing home is required to make sure that residents receive the attention, treatment, and all the necessities they need, and failure to do so, whether they are treatments, basic needs, or attention, is a breach of that duty and that standard of care.

Typical Breaches of Care in Nursing Home Abuse Cases

In Chattanooga nursing home abuse cases, the responsible party is usually held liable for bad outcomes that resulted from substandard care. If poor care results from understaffing which led to an injury, the responsible party could be held liable for that injury. For example, if a nursing home was understaffed and this lack of personnel led to a patient falling out of bed because there were no staff members who could give this patient the attention he or she needed, this could constitute liability on the behalf of the nursing home.

Typical Evidence in Chattanooga Nursing Home Abuse Cases

The type of evidence used in a Chattanooga nursing home abuse case varies depending on the specific facts of that case. In general, however, cases focus on the condition of the patient, what the patient’s needs were at the time, and whether the nursing home properly assessed exactly what the patient needed. Additionally, cases also focus on whether the home provided required care or failed to assess it correctly and provide what was needed, which could have prevented the injury. After an assessment of obligations, an attorney would then attempt to connect the sustained injury and the lack of care by the nursing home in court.

Recoverable Losses After Liability Is Established in Nursing Home Abuse Cases

Nursing home abuse patients and their families could recover all the types of damages that a person might recover in any other type of personal injury case. This includes reimbursement for medical costs and medical expenses of varying nature or treatment that was paid for because of the injuries. Recovery could also include conceptual losses like the loss of enjoyment of life, pain and suffering, mental anxiety, fear, and humiliation. Sometimes, victims may attempt to recover punitive damages if the type of neglect rises to the level of recklessness or intentional abuse.

How Family Members Could Help Establish Liability

Because some victims in nursing home abuse cases already suffer from mental impairments, it could be necessary for the family and friends of these victims to speak on their behalfs. This would require friends and family to hold the best interests of their loved ones at heart while they make decisions for them. Doing so could ensure that victims’ stories are told correctly and receive the attention they need in court.

In some cases, families could team up with lawyers and represent a victim who has since passed away. Regardless of the circumstances, an attorney could prove invaluable in bringing a claim to court.

Potential clients could help their personal injury attorney by keeping good records of the things they see in a nursing home. If they spend several hours with their loved one in a nursing home and no staff members come into the room or give the patient any attention, they should document that. If they see evidence of poor maintenance, poor janitorial services, dirty linens, dirty floor, trash that is not taken out, anything of that nature, they should document it.

Additionally, they should keep track of medical bills and every medical provider who sees the patient. If family or friends feel as though their loved one is not receiving the care they need, they need to contact a Chattanooga attorney who has experience with nursing home abuse cases.

Reach Out to a Chattanooga Nursing Home Abuse Attorney

Establishing liability in a Chattanooga nursing home abuse case is often tricky for people who do not have legal experience. However, if you suspect that your loved one is not receiving the care that he or she needs or deserves, it may be time to reach out to an attorney who could hold a nursing home accountable for its negligent practices. No one wishes for their loved ones to suffer in their later years. To protect your loved ones, reach out to an attorney today.