Every medical professional must work by a duty of care. This duty is outlined in a contract signed when your loved one moves into a nursing home. The duty of care should remain upheld. If it gets violated, the doctor or medical professional could be guilty of breach of duty.
All nursing home employees must take care when performing acts that could hurt others. They must also adhere to a certain standard of reasonable care. The statutory standard of care talks about negligence. It states a certain level of negligence required for the action to be considered illegal. In some states, if the harm was foreseeable, the action that caused harm was illegal. Other states require everyone in the state to take reasonable measures to prevent harm. In general, a standard of care simply means that people have responsibilities to others.
Many different professionals must live by a statutory standard of care. For example, hospitals must treat and care for all patients admitted. This has to happen no matter their financial state.
People in different professions must do certain things. Attorneys must practice in good faith with reasonable care and diligence. Manufacturers must adhere to a duty of care to people that buy their products. When companies put products on the shelves, they say that their products have safe features. Consumers shouldn’t worry about the safety of the product as long as they read the warning labels.
In a similar way, nurses and doctors must practice medicine in a careful and responsible way. This is a job requirement. If they fail to do this, they breach their care of duty. They can get sued for this action.
Standard of Care
In general, the standard of care refers to how any ordinary, responsible person would act. For example, when signing contracts, you have to follow the standard of care in that document. This happens when employees and residents of nursing homes sign contracts. Let’s say a nursing home contract states that all residents must get help moving every three hours. This action will help prevent bedsores. All employees must make sure that this action happens.
Breach of Duty
People sometimes breach their duty of care. To breach something simply means to break it. It is the act of breaking a law or agreement. A nursing home breach of duty happens when the employee disobeys the contract. Or it can happen when an employee fails to meet the basic needs of a resident.
Causation is an act that produces an effect. To prove causation, you must prove that a breach occurred. You must show that the defendant’s breach of duty contributed to the injuries. The nursing home could be liable if negligence contributed to your loved one’s injuries.
The standard of care, duty and breach of duty all relate to each other. Duties are actions that people are expected to do. The statutory standard of care gives a gage for if a duty is not done properly or not done at all. If done improperly, a certain level of negligence will be the outcome. Not doing something that you should do is also considered breach of duty. Not doing something outlined in a contract would be breaking the agreement.
In nursing homes, all employees should care for each resident and fulfill their needs. If you suspect that any nursing home employee breached duties, contact a lawyer. You may be able to prove causation and take them to court for negligence. If this happens, a neglect and abuse lawyer can help with the case. They can gather evidence and prove your loved one’s case from a legal standpoint.