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People typically move to nursing homes after their health has already started to decline. Therefore, it’s expected for a resident’s condition to worsen rather than improve over time. Unlike hospitals, which aim to make patients better, long-term care facilities try to make them comfortable. There are scenarios, however, in which an elderly loved one’s declining health is cause for concern and may warrant a personal injury lawsuit. Here is what you should know about holding a nursing home accountable for negligence. 

Establishing a Breach of Duty

Nursing home administrators have an obligation to maintain the facility to a reasonable standard for their residents. If they fail to do so and a resident suffers as a result, the family can file a personal injury suit on the grounds of negligence, which is simply a breach of the duty of care. Common examples of nursing home negligence include failing to keep the premises free of hazards, failing to conduct adequate background checks when hiring staff, and failing to implement reasonable measures to prevent falls.

Proving the Victim Incurred Damages

personal injuryOnce you have determined how the facility was negligent, you must find a way to prove that your loved one suffered damages as a direct result. Fortunately, this part of building a strong personal injury claim can be fairly straightforward. For example, medical records, photographs of any visible wounds, and expert witness statements from geriatric care providers may provide sufficient evidence of damages. 

 

If you want to sue your loved one’s nursing home for providing substandard care, turn to a compassionate lawyer at Neimark & Neimark. Located in New City, NY, this personal injury law firm is proud to stand up for victims without a voice throughout Orange and Rockland counties. Because of their unwavering commitment to providing attentive counsel from day one, you can count on someone from their team to answer the phone 24/7. To reach out and schedule an initial consultation with one of their personal injury attorneys, call (888) 725-7424 or visit their website

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