Choosing a nursing home is a major decision because one is usually looking for the best possible place for their elderly loved one. But, what happens, when a nursing home breaks all the bonds of trust and nursing home abuse or neglect is suspected after a loved one’s injury? There are ways to prove that a New Mexico nursing home partook in behaviors that could be considered negligent for that injury.
Nursing home abuse and neglect are terms for behaviors by nursing home staff, administration or related third-parties that causes injury to an elderly resident. For example, if the proper methods or equipment was not utilized to move a resident, and the resident suffered an injury due to a fall, there could be a case to prove nursing home abuse or neglect.
For the elderly, suffering a fall at their age and at their weakened physical state, can be catastrophic on their health and quality of life. This is why loved ones often decide to seek compensation after such an incident.
In order to prove a claim for nursing home abuse or neglect, the accuser must show that the nursing home’s owner or employees breached a duty of care owed to the injured loved one and that the person’s injury was caused by this breach. It also must be proven that the injury was proximately caused by nursing home owner’s or employee’s conduct.
Expert medical testimony may be utilized to prove these facts. The defendant nursing home may claim causation as a defense, which means the elderly’s injury was unavoidable due to their medical condition. Knowing this, it is good to have a rebuttal in mind.
Besides receiving compensation after proving negligent behavior on behalf of a nursing home, there is the satisfaction that this determination could be preventative. It is likely that once proven, the nursing home will take steps to ensure a similar situation never happens again. This is the hope for all New Mexico residents with family members in nursing homes.
Source: Injury.FindLaw.com, “Nursing Home Abuse Claims,” accessed on July 25, 2016