How to Prove Nursing Home Negligence | Corpus Christi Attorneys
When you put your loved one in a nursing home, you do so because you think it’s best for them. At an elderly care facility, your family member should receive the attention and care they need in a clean and safe environment. When nursing homes fail to meet the standards they are legally required to uphold, this can lead to Corpus Christi nursing home negligence.
If you or a loved one has experienced negligence at a nursing home in Corpus Christi, you need to take action. You need an attorney. Our team at Carabin Shaw is a seasoned staff of aggressive lawyers who fight inside and outside of the courtroom for our clients’ rights. Nursing home negligence cases can be tough to win if you don’t have the right lawyer, so it’s best for you to know what you’re up against. Here’s how to prove nursing home negligence.Proving Nursing Home Negligence
Nursing home negligence cases fall under the general umbrella of medical malpractice cases. In a medical malpractice case, the plaintiff must prove a series of legal elements—if any of these pieces are missing, your claim is unlikely to be successful. This is why it’s important to work with Corpus Christi attorneys. The following are the elements a plaintiff must show to win their nursing home negligence case:
- Duty of Care — To begin, it must be demonstrated that the nursing home had a duty of care to the plaintiff. Usually, this connection is easy to show because employees of a nursing home are contractually and legally obligated to provide a certain standard of care to residents. “Duty of care” is defined as providing the same level of care that another reasonable professional would in similar circumstances. If you have questions about proving a duty of care, talk to Corpus Christi elder abuse lawyers.
- Breach of Duty — Next, the plaintiff needs to prove a breach of duty. That is generally illustrated by evidence of the nursing care facility failing to provide the standard of care that another reasonable professional would under the same circumstances. In the case of Corpus Christi nursing home negligence, you may discuss how you or your loved one suffered from unsanitary living conditions, unexplainable injuries, or psychological damage.
- Causation — The plaintiff must establish a direct connection between the breach of duty and any injuries or damages the resident suffered. This step can be challenging, because it must be proven that the damages sustained were a direct result of the nursing home’s negligence and would not have happened had they not breached their duty of care. Nursing home negligence lawyers serving Corpus Christi can provide you with more information on how to prove causation.
- Damages — The final step is proving that the plaintiff suffered economic or non-economic damages. Some examples of damages include medical bills, loss of income, pain and suffering, and loss of companionship. The damages you are able to prove will be the basis for how the court decides any amount of monetary compensation. To gain a better understanding of how your damages will be valued in a court of law, reach out to an experienced attorney.
Nursing home negligence cases in Corpus Christi can be challenging to prove in court. To have the best chance at winning the compensation you deserve, you need a competent lawyer on your side. At Carabin Shaw, we have won over $500,000,000 for our clients, and we’ve been able to accomplish that because we truly care about pursuing justice for individuals and families that have been harmed by negligence. Our Corpus Christi elder abuse lawyers know what it takes to hold nursing homes accountable for actions that cause harm. If you’ve experienced Corpus Christi nursing home negligence, call us today at 1-800-862-1260.
The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.
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