Carlsbad, New Mexico
706 N. Canal St.
Carlsbad, NM 88220
(575) 234-1111

On What Grounds Can You Sue a Nursing Home? December 19, 2018

Carlsbad, Eddy
On What Grounds Can You Sue a Nursing Home?, Carlsbad, New Mexico

Since nursing homes are tasked with caring for the elderly, it’s not uncommon for the health of their residents to decline over time. If your senior loved one appears to be suffering from more than just old age, though, your family may have grounds for a suit against his or her long-term care facility. Typically, plaintiffs can sue a nursing home on the basis of negligence. Here is what you should know about this legal principle to build the most substantial claim possible.

Defining Negligence

Nursing home administrators and staff are obligated to maintain the facility to a reasonable standard and to provide adequate care to every resident. If those acting on behalf of the nursing home breach their duty of care, the facility could be held liable for all resulting damages. In general, though, plaintiffs can prove a defendant was negligent by demonstrating how any other reasonable party would have behaved differently in the same situation.

Tying Negligence to Damages

negligenceCommon examples of nursing home negligence include hiring staff without conducting background checks, failing to implement safety measures to prevent falls, and failing to keep residents sufficiently hydrated. These examples all have the potential to cause injury, illness, and even death. And if they do, the victim has the right to bring a suit against the facility.

If negligence is the foundation of every successful claim, though, damages are the cornerstones. To recover a payout, claimants must not only prove that the facility was negligent but also that their family was harmed as a direct result. 

 

If you want to sue a relative’s long-term care facility for negligence, turn to a compassionate personal injury attorney at Balderrama Law Firm. Located in Carlsbad, NM, this firm is led by Frank Balderrama, who has been practicing law for more than a decade. Named one of the “Top 40 Lawyers Under 40” by the Trial Lawyers Association, he knows how to resolve complicated personal injury suits in his clients’ favor. To schedule a free case review, fill out the form on his website or call (575) 234-1111. 

Other Announcements, Events and Deals from Balderrama Law Firm LLC
3 Common Causes of Car Accidents, Carlsbad, New Mexico
Each year, millions of Americans are involved in car accidents that ultimately result in property damage, injuries, and deaths. Driver error and driver-based decisions are mostly to ...read more
4 Ways to Drive Defensively, Carlsbad, New Mexico
For those of us who drive every day, it can be easy to forget the responsibilities that come with being behind the wheel. Even if you’re a safe driver, taking precautions c...read more
When to Call an Auto Accident Attorney, Carlsbad, New Mexico
There are many different tasks to take care of in the aftermath of a collision. From arranging for alternative transportation to calling your insurer and confirming coverage, a ...read more
What to Do After a Car Accident That Wasn't Your Fault, Carlsbad, New Mexico
Another vehicle hitting yours is a serious shock. While it can be difficult to know what to do in the immediate aftermath, the steps you take next will have a direct impact on y...read more
3 Steps to Take Following a Car Accident , Carlsbad, New Mexico
A car crash can happen quickly, leaving everyone involved confused. In the chaos, it can be difficult to remain calm and think ahead. Depending on the cause of the collision, yo...read more