In their difficult times, old people deserve superior levels of care and love. During their old age, when the body starts to lose its capabilities and efficiency, even the simplest tasks can feel like a challenge. At such times, people often turn to professional care services. That can offer the right care and provide necessary medical attention and support. However, every year, there are numerous cases when the elderly have fallen victim to negligence and nursing care abuse.
If you or some elderly members of your family are under nursing home care. It is important to ensure that you receive the care as promised by the nursing home. According to a personal injury lawyer in Cleveland, OH, under such situations you can hold the nursing home liable for negligence.
- The premises and living conditions at the nursing home are unsafe.
This includes various aspects along with security standards. The premises should be designed such that the habitants are safe from physical accidents. They should not be able to access hazardous or unsafe areas.
- The caregiving services fail to meet health standards and care promises.
Though promised a variety of services and standards, the nursing home resorts to sub-standard services and shows negligence during medical care. These can be a serious concern if such negligence leads to medical complications or injuries to the patient.
- Providing untrained caregiving staff
There are cases when nursing homes assign less trained caregivers to take care of the patient. However, these can sometimes hamper the quality of care for the patient and lead to unforeseeable accidents. Such caregivers must be under supervision and the same should be conveyed to the intended patients.
What can you do about this?
If the nursing home has somehow violated their service agreement or their negligence towards their services has caused you discomfort or injury. It can be grounds for a lawsuit and you can hold the service provider liable of damages legally.
- Identifying the damages
When filing a lawsuit, it is essential to establish the facts and grounds of the case. In this case, you need the types of abuse you suffered. It can physical, psychological, financial, emotional distress etc.
- Filing the lawsuit
The victim can file a civil lawsuit against the nursing home for physical injury and abuse. This is often followed by a serious of depositions and fact discovery. If the jury finds it eligible for a trial, the case goes to trials.
- Proving the allegations
During the trial, your lawyer presents the arguments and evidence that showcase the abuse. It is crucial to have a strong suit of evidence that can establish the case of negligence. Gathering such evidence can be a little tricky and so, opting for a professional consult would be advantageous. Evidence like medical records, photographs, Patient records and notes can be really useful.
If your lawyer can successfully convince the jury that the nursing home violated their contract or failed to uphold the standards of care. The defendant can be held liable and be required to offer financial settlements and compensate for damages.
These lawsuits are exhaustingly tricky and require extensive research to build a strong case. Furthermore, having an experienced personal injury lawyer in Cleveland, OH puts you in a better position in court. Make the right decisions and get the outcome you rightfully deserve.