Anyone who is dependent on around-the-clock assistance and supervision from employees of a nursing home or assisted living facility should receive nothing but the utmost care and consideration from every single facility staff member. Unfortunately, not every facility lives up to this expectation, which sometimes leads to vulnerable elderly residents experiencing unacceptable neglect and abuse.
Pursuing legal action over a loved one being mistreated inside a nursing home can be an immensely stressful and emotional process. Guidance from a personal injury attorney who knows exactly how to handle these cases can make all the difference. If you have any suspicions that a family member has suffered physical or psychological harm from the people entrusted with caring for them, contacting a Milton nursing home abuse lawyer to discuss legal options should be a top priority.
Since civil lawsuits over nursing home mistreatment are considered a form of personal injury litigation, the same rules that apply to other types of personal injury cases generally apply to these as well. Most notably, holding a nursing home staff member, administrator, or owner legally liable for nursing home abuse means establishing that one or more of those parties directly caused harm to the resident the claim is centered around by engaging in legally actionable negligence.
Importantly, “negligence” in this context can take the form of inadvertent neglect caused by carelessness, accidental harm caused by a lack of training or experience, or intentional abuse. The subjective severity of a named defendant’s actions has no direct legal bearing on whether they can be considered legally negligent. So long as the defendant did something irresponsible or unlawful in violation of their “duty of care” under the circumstances, they could be liable for ensuing injuries and losses like:
A Milton nursing home injury attorney could explain the available damages in a particular case in more detail.
In virtually every lawsuit or settlement demand alleging abuse or neglect of a nursing home resident, thorough medical documentation will be vital to establishing exactly how that resident was harmed, the severity of the harm they sustained, and what short-term and long-term losses that harm is expected to cause. In the same vein, communications with facility staff members and administrators—potentially including private emails and messages obtained through a subpoena—could be key to establishing who was aware of ongoing mistreatment and what was or was not done to address it.
Witness testimony can help strengthen a civil claim against a negligent nursing home or assisted living facility as well, whether it comes from facility employees, other residents, or the directly impacted residents themselves. Support from a seasoned nursing home abuse lawyer in Milton can help streamline the collection and preservation of evidence when building a comprehensive claim.
While working in a nursing home can be challenging and stressful, there is no excuse for residents inside such a facility being neglected or abused. If this kind of mistreatment has impacted a loved one of yours, it may fall to you to take legal action on their behalf.
Working with a compassionate Milton nursing home abuse lawyer could make a world of difference in how effectively you can protect your family’s future and demand compensation for the harm it has already suffered. Call today to learn more about what we could do for you and your family.