Nursing Home Liability
As an elder law lawyer Fairfield County CT trusts can attest, nursing homes could be legally responsible for patient death or injury if it occurred in the nursing home. It is important if you have a loved one in a nursing home that you are educated on nursing home liability regulations and laws. In situations where the nursing home may be liable legally, patients or their families could be eligible for financial compensation. The compensation they could receive would be able to be used to reimburse patients and families for suffering and pain for an incident as well as covering medical costs. If you have a loved one in a nursing home and feel their nursing home should be held liable for an injury or even their death, you may want to contact an attorney at Legal Sweeney. An elder law lawyer Fairfield County CT can turn to from Legal Sweeney has many years of experience in nursing home law and fighting for the rights of nursing home patients.
Duty of Care
When a nursing home accepts a new patient, they take on a level of responsibility. This is known as the “duty of care”. It is the nursing home’s responsibility to provide patients a reasonable level of care to provide them with a safe environment and protect them. If the nursing home is unable to provide the level of care, it could be held liable for any injury that a patient could sustain while they are under the nursing home’s care. One of the main arguments in nursing home liability that an elder law lawyer Fairfield County CT trusts commonly encounters is the varying definitions of reasonable care. The nursing home staff or management must have violated their duty of care expectations in order to be found responsible for a patient’s injuries. This typically happens when a nursing home staff member acts carelessly or negligently when performing a task that is expected of the nursing home or just simply does not perform an expected task which then led to the resident’s injury. When trying to determine if the nursing home should be held liable, there needs to be evidence that the nursing home did not meet the requirements of care and because of that the patient was injured or died. Nursing home liability laws will usually find the nursing home liable in instances of negligence or medical errors.
Determining Nursing Home Liability
There are a few factors to consider when deciding if a nursing home is liable, as an elder law lawyer Fairfield County CT families need can explain. Typically, the nursing home will be found liable if there was an action they should have done to prevent the accident from happening. For instance, if a patient fell and became injured, the nursing home may or may not be found liable. If the patient was properly supervised and they had proper handrails and other precautions, the nursing home may not be liable. However, if the resident was supposed to be attended and they were not or if there was a spill on the floor, the nursing home could be found liable.
Make an Appointment
When a patient or their loved ones believe the nursing home should be held liable, they hold the burden of proof. This means they need to provide evidence to show that the nursing home did not maintain the patient’s safety and because of this, the patient was injured or died. By working with an experienced lawyer from Legal Sweeney, we can help direct you through state and federal laws to help determine the liability of the nursing home. If we believe the nursing home could be responsible for you or your loved one’s injuries, we will work to attempt to earn compensation for the pain and suffering. The team at Legal Sweeney will work on your behalf to try to ensure those responsible are held liable. Contact an elder law lawyer Fairfield County CT can look to today to make an appointment.