Nursing home abuse
is typically proved by showing that a caretaker was negligent or that he deliberately hurt the elderly patient admitted in the home.
Older individuals who suffer from neglect or abuse in nursing homes can claim damages as means of compensating for the abuse they’ve suffered. If the individual himself cannot pursue legal actions, then the family can file the complaint.
Elements needed to prove personal injuries caused by nursing home abuse
In a nursing home abuse case
the plaintiff is the one required to prove that the injury, neglect or abuse took place. for injuries caused by a caretaker’s negligence
, the following are typically required from the plaintiff:
- prove that the nursing home and its employees had a duty of acre (this is easily proven by showing the caretaking agreement);
- prove that the said agreed duty was breached;
- the patient suffered the injuries as a direct result of that breach.
In abuse cases, these steps may vary in that the plaintiff will need to be able to prove that the abuse was caused by a particular staff member. One of our Los Angeles personal injury attorneys
can help you prove these elements in court.
Settlements for nursing home abuse
Neglect, abuse, and mistreatment can have a severe impact on elderly individuals, particularly those who are admitted for certain types of psychological diseases.
The types of damages
that can be awarded in nursing home abuse cases include those for the coverage of the needed medical treatment and that for any subsequent treatment or therapy and compensation for emotional distress, pain, and suffering. The latter must be proven in court and this can be done with a complete medical assessment, including a physiological evaluation.