According to statistics, there is some form of resident abuse in more than 30% of all nursing homes. Nearly one-third of nursing homes have residents who experience abuse, either by staff or other residents. In 2005, 91.7% of all nursing home in the United States were cited for at least one deficiency by health inspectors. Only about 20% of cases of abuse are reported.
According to statistics, there is some form of resident abuse in more than 30% of all nursing homes. Nearly one-third of nursing homes have residents who experience abuse, either by staff or other residents. In 2005, 91.7% of all nursing home in the United States were cited for at least one deficiency by health inspectors. Only about 20% of cases of abuse are reported.
In nursing homes and hospitals, patients are owed a greater degree of care than one individual owes another. This is due to the fact that they are entrusted with the medical treatment of their patients. When a nursing home or hospital is negligent, the victim may file a medical malpractice lawsuit against it.
Legal Elements of Medical Malpractice
In a medical malpractice lawsuit, the plaintiff must be able to establish all the legal elements of the case in order to receive compensation. The legal elements that are required are as follows:
- Duty of Care – The victim must show that the nursing home had a duty of care to them. In many cases, this is easily established as there is a contractual relationship between the patient and the healthcare provider. However, doctors who are independent contractors and not employed by the nursing home may be involved in medical malpractice cases. This can complicate the question of who owed the plaintiff a duty of care.
- Breach of Duty – The next legal element that the plaintiff needs to establish is that the nursing home or hospital breached the duty of care. In most cases, this is proven by showing that the actions of the medical professional deviated from the accepted medical standard of care. One or more medical experts are required to testify what action other medical professionals would have taken under similar circumstances.
- Causation – The victim also needs to establish that the breach of duty directly caused injury to them. This means that the patient must show that if the breach of duty did not occur, the victim would not have been injured. This can be a difficult element to prove.
- Damages – The victim must have suffered some form of damages. It is not enough that the treatment did not please the victim. They need to suffer some type of either economic or even non-economic harm. Damages include medical bills related to additional treatment required due to the breach of duty as well as lost wages. Non-economic damages include pain and suffering and emotional distress.
Due to the complex nature of medical malpractice cases, it is important for victims to get legal assistance from an experienced attorney.
If you or a loved one has been a victim of nursing home negligence, you should seek the assistance of a skilled and experienced medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting is free. You have nothing to lose when you call us.
RMFW Law is an astounding law firm. We get the job done and we deliver every day for our clients. We are not paid until you are paid. You pay us nothing up front. We only take a percentage – so really you never pay us at all. Give us a shot – you will not regret that decision!
