People who live in nursing homes are often not in the greatest of health, and they rely on nursing home staff to care for them. Unfortunately, staff members’ ability to maintain standards of care in nursing homes sometimes falls by the wayside. You can hold the nursing home liable and your loved one can receive compensation for damages in these situations. But you must first prove the nursing home was negligent.
Negligence is more than simply failing to take proper care or necessary precautions. Negligence is a legal standard that must be supported by evidence. Negligence standards may apply in various cases, including nursing home cases, but the evidence needed in each case may vary. A skilled attorney can help you.
If you or someone you love was injured due to a nursing home’s negligence, you deserve compensation for your damages. Call Wruck Paupore Injury Lawyers at (219) 322-1166 for a free case review. Our team can help you get justice for the mistreatment you suffered.
We probably think about accidents or mistakes when we think about negligence. The harm these mistakes cause might not be intentional, but it is inexcusable. In a legal setting, negligence adheres to a more concrete definition. You must demonstrate four important elements to prove negligence. If any of these elements are missing from your case, you will be unsuccessful.
The first element of negligence is the legal duty of care that the plaintiff owed the defendant. It is not enough to merely claim this duty exists; you must present evidence supporting the existence of a duty of care.
Common evidence in a nursing home negligence case may include paperwork about the plaintiff. Nursing homes often keep records about the patients in their care and what kind of services they aim to provide. This kind of information can help establish a relationship between the parties and the duty owed by the nursing home. Our Indiana nursing home negligence attorneys can help you.
Each nursing home resident is unique and might require different levels of care. If your loved one suffered serious medical conditions or was disabled, the duty of care the nursing home owed them might be greater than for the average patient. This is important to prove in court because it demonstrates the specific duty of care the nursing home owed your loved one.
The breach is the defendant’s violation of their duty of care. It might be hard to identify a breach of duty, as many families do not see their loved ones in a nursing home every single day. Signs of abuse are also sometimes invisible, and nursing home patients might be unable to articulate what happened.
Evidence of a breach may include anything that shows the nursing home violated its duty of care. For example, if your loved one requires specific medication every day at the same time, but nursing home staff frequently forget to provide that medication, that would be a breach. Proving such a breach might require nursing home records and documentation of when patients receive medication.
If your loved one was injured because of a breach of the duty of care the nursing staff owed them, we can have them evaluated by a doctor who can help determine what caused the injuries. Some injuries can only be caused by abuse and neglect, like bedsores or malnutrition.
Causation is the link between the defendant’s breach and your loved one’s injuries. The mere existence of a breach does not necessarily mean that the breach caused the injuries. The defendant may claim the injuries occurred because of some other independent force. You must prove that the defendant’s breach is the direct and proximate cause of your loved one’s injuries.
Proving causation involves providing evidence of where the injuries came from. Evidence ruling out other potential causes of injury will also be helpful. Our Indianapolis nursing home negligence lawyers can help you find the right evidence for your case.
Damages include any injuries or losses your loved one suffered. Damages can include physical injuries, medical bills, emotional trauma, pain, and more. Even if you can prove the other three elements of negligence exist, there is no case if there are no injuries or damages.
Damages can often be proved through medical records. If you notice injuries in your loved one, get them to a hospital for immediate treatment. The records from treatment can be used to prove the existence of damages.
If the injuries were not physical, we might have to look elsewhere for proof. For example, psychological trauma is not outwardly visible and may be hard to prove. We can have your loved one psychologically evaluated, and a mental health professional can testify about any mental or emotional trauma or turmoil.
Signs of negligence can be easy to overlook or dismiss. Our Fort Wayne, IN nursing home negligence lawyers can help you spot signs of negligence in your loved one. Nursing home patients who have trouble communicating might rely on loved ones to spot the signs of negligence, including the following:
You might have to speak with the nursing home administrators about your suspicions. For example, if the nursing home dispenses medication to your loved one, you might not know how many pills they should have left or even where their pills are located. Administrators can question staff about missed doses or missing medication.
Reporting instances of negligence is a great way to establish official records of suspected neglect and abuse. Nursing homes are heavily regulated health care institutions. As such, they often report to various state or federal agencies. If patients suffer injuries because of nursing home negligence, they might lose their accreditation.
It is important to talk to our South Bend nursing home abuse attorneys about which agency to file a complaint with. Different nursing homes might fall under different agencies’ jurisdictions. A good place to start in Indiana is the Indiana Department of Public Health. The IDPH can investigate your suspicions and help you identify any instances of negligence. Such records might be crucial to your lawsuit.
Call our legal team immediately if your loved one was hurt while living in a nursing home because of someone’s negligence. Our Hammond, IN nursing home negligence lawyers can help you get compensation for your loved one. Call Wruck Paupore at (219) 322-1166 for a free case review.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.