The choice to have your loved one taken care of in a nursing home is a difficult decision to make. However, it is made with the realization that you are unable to provide the necessary care for that individual. Many nursing homes provide quality care to their residents, however, some are responsible for causing injury, abuse, neglect and even death. According to one study it is noted that 20 to 24% of deaths in the United States are in nursing homes. Another study showed that more than 30% of all nursing homes experience some form of resident abuse either at the hands of staff or other residents. In 1999, 5 000 deaths of nursing home patients were as a result of negligence. In addition, a study done in 2001 showed that 1 out of 4 nursing homes is cited for death or serious injury to a resident.

To get legal recourse for the death of your loved one due to nursing home abuse and/or neglect requires a legal basis. The reality is that nursing homes are required to provide a certain level of care to residents. Their failure to provide such a level of care results in a claim based on a breach of contract or medical malpractice claim. Medical malpractice falls under the negligence theory. “One of the most common claims against a nursing home is negligence. To establish a claim it is necessary for the plaintiff to show that the nursing home had a certain legal duty that was owed to the resident. Thereafter, it must be established that the nursing home violated this duty that was owed to the resident. As a result of the violation in the duty of care this caused the injury or death of the resident and as a result of the death the plaintiff suffered damages”; a Crowson Law Group attorney commented.

As noted above nursing homes are governed by state or federal standards or current industry practices as to the type of care they provide to patients and residents. Such standards or care may be identified in an admission agreement or contract signed with the nursing home. In most cases this documentation states what the nursing home agrees to provide towards the nursing home resident and thus shows the duty of care owed to the resident.

Once the duty is established it is necessary to evaluate whether the nursing home breached this duty. A breach occurs when the nursing home fails to provide a safe and sanitary environment, required medical care, to remove hazards that may cause injury, fails to address nursing home abuse or neglect of patients, etc. These are all violations of the duty owed to the resident.

Where a resident dies as a result of a violation of the duty of care the loved ones of this resident may file a personal injury claim for wrongful death. For legal advice and representation in your wrongful death claim relating to nursing home abuse, neglect or negligence contact the best attorneys in Wasilla who have experience handling nursing home abuse cases.

About the company:

Crowson Law Group is a law firm of renowned professionals who focus exclusively on personal injury matters. For Wasilla car accident lawyers, contact the Crowson Law Group Wasilla office.