Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Elements of a nursing home neglect case

When a loved one isn’t receiving proper care at a nursing home, family members might begin to wonder if they have any courses of action to take that will help their loved one to get the level of medical care they deserve. When the improper care leads to injuries, the thoughts might turn to how to seek compensation for their loved one who was injured. Our readers in Kentucky who have family members in the nursing home might be interested to learn some basic information about nursing home abuse.

What is a nursing home abuse or negligence case?

Nursing home neglect and abuse cases for compensation are the result of injuries like pressure sores, broken bones from falls and other similar injuries. In order to successfully seek compensation, a few basic elements must be met. The complainant must establish that the nursing home or its employees were at fault for the accident, that the injury wasn’t inevitable because of the patient’s condition and that the care the person was receiving wasn’t up to the current standard of care.

What is statutory standard of care?

Certain statutes and regulations establish minimal standards of what is acceptable for nursing home care. When these standards aren’t met, nursing homes might be liable for injuries that occur. In some cases, the nursing home might be liable for damages even if those standards were met. This is where the other factors come into play. Because of the importance of proving that the injury wasn’t inevitable and the nursing home is liable are so important, seeking help from someone familiar with these complex claims is vital.

Source: FindLaw, “Nursing Home Abuse Claims” Oct. 05, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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