Nursing Home Negligence

Nursing homes owe their residents a great amount of care because they are health care professionals hired to care for their patients. In California, in order to have a legal case for nursing home negligence, a person must show that four elements can be proven:

1. Duty: Proof that the nursing home or its employees had a duty of care to the injured party. In most cases, if the party was a resident, the nursing home owes that party a duty to care for them.

2. Breach: Proof that the nursing home or its employees breached their duty of care owed to the injured party. This element is usually satisfied through proving the care given was below the usual standard of care or it can be proven through specific acts that caused harm the party.

3. Causation: Proof that the breach of duty from the nursing home is the direct cause of the party’s injuries. It is often the most difficult element to prove because in many nursing home negligence cases, the injuries would have occurred without the breach of care.

4. Damages: Proof that as a result of the breach, the party has suffered some sort of harm. This harm can be either economic or non-economic. Economic damages usually are medical bills or loss profit and wages. While, non-economic damages are usually correlated to mental injury, physical injury or emotional suffering.

Nursing home negligence and other forms of elder abuse are extremely burdensome on our society and to families, both emotionally and financially. Elders are vulnerable and we choose to put them in the care of well vetted caretakers in properly maintained buildings. Tragically, the COVID-19 pandemic has only increased the risk of nursing home neglect. Oftentimes, nursing home employees are overworked and unable to provide the proper standard of care. Nursing homes frequently face staff and equipment shortages. These shortages have only been amplified since COVID-19. Additionally, nursing homes may fail to properly hire experienced nurses and caretakers, which can lead to negligence, or in worse cases criminal acts of abuse and sexual assault.

Our firm is here to help you. Allow us to walk you through the possible elements of your case for nursing home neglect and determine what actions for compensation may be brought.