After learning that your loved one faced neglect or abuse in a nursing home, filing a lawsuit is something to consider. A lawsuit can help you get compensated for the damages that your loved one has suffered. When you are considering a lawsuit, you might want to consider filing a claim instead. This can be more specific to exactly what happened to your loved one. There are many types of claims that you could make to get this compensation. These types of claims will be provided for you here.
Nursing Home Responsibility
There are a lot of ways that a nursing home could be held responsible for causing injury to its residents. They could harm your loved one with any type of neglect or abuse. When this happens, you are going to want to take action. No one should get away with harming a person who cannot defend themselves. Any act of neglect or abuse of an elderly person can lead to any of the following actions:
- Investigations by an adult protective service agency.
- Civil cause of action for damages (lawsuit).
- Criminal prosecution.
These three all have different objectives. The goal of a protective services investigation is to give help and relief to the victim. This prevents any further harm. They will research what happened to your loved one and find out the facts of the situation. This will happen before you have to make a decision of what to do. The goal of a lawsuit is to remedy the damages. The lawsuit will most likely get you compensation to cover damages. The criminal prosecution’s aim is to punish the harmful conduct. This will take action on who caused injury to your loved one and punish them accordingly.
Types of Claims
There are many types of claims that can get filed if your loved one is neglected or abused in a nursing home. You will want to choose the best kind that fits your situation. If you pick the wrong one, it may not result in the way you wanted it to. The types of claims you can file in a civil lawsuit include:
- Breach of Duty. This is when a home staff member does not fulfill their obligations and a resident gets harmed as a result. Their duties have not gotten met and a resident is injured from their wrongdoing.
- Statutory Standard of Care. If a nursing home does not meet the minimum standard of care, it could lead to neglect or abuse. This claim can then be filed. Every facility has some standard they must meet and if it is not met, your loved one could face injury.
- Causation. This claim happens when your loved one’s preexisting health conditions lead to the injury. This should not make you question whether or not the nursing home caused the injury. You still have the right to make this claim to get more information.
- Breach of Contract. If a nursing home does not do what it says they will do in the contract signed, they breached the contract. Many homes have contracts that state that they only have to provide care for residents.
- Criminal Culpability. If a crime gets committed against an elderly person this claim can be filed. Things like failing to provide food or failure to prevent bedsores fall under this claim.
All of these are options for you if you have to file a claim. Your lawyer will likely explain which one is the best claim to file. This makes sure you have better chances of winning your case. Choosing the right claim will be important because they are each treated differently. The outcomes might be different depending on your situation. It is important to know exactly what happened to your loved one before filing a claim.