St. Petersburg Nursing Home Abuse Lawyer Describes Common Defenses Used in Negligence Cases

St. Petersburg Nursing Home Abuse LawyerEffectively dealing with a negligent nursing home that has harmed a loved one requires assistance from a St. Petersburg nursing home abuse lawyer who has extensive knowledge of how extended care facilities operate. When nursing homes are subjected to civil lawsuits for jeopardizing the well-being and safety of their residents, they assert certain defenses to protect themselves.

Common Defense Tactics Used by Nursing Homes

Negligence occurs when the nursing home breached a duty of care that was owed to the resident; the resident is harmed or injured; and the conduct of the nursing home employees caused the injury. The nursing home will present defenses that either prove that it wasn’t negligent or that its negligence didn’t result in harm to the resident. Some of the defenses used by nursing homes include:

  • Challenging the treating physician and claiming he committed medical errors or failed to act appropriately based on the circumstances.
  • The plaintiff’s injuries were caused by pre-existing health conditions or medical complications instead of the actions of the staff at the nursing care facility.
  • Dispute the testimony of the plaintiff’s expert witnesses by focusing on flaws in their analysis, exposing any bias they may have or getting them to agree that the nursing home’s negligence may not have been the proximate cause of the plaintiff’s injuries.
  • The statute of limitations for filing a lawsuit has expired. If you don’t initiate litigation within a certain timeframe after the injury has occurred or has been discovered, you lose the right to seek compensation for the injuries and damages you sustained.

There are several legal theories and strategies that can be used when representing a person who has been harmed as a result of negligent care. When nursing homes have understaffed facilities and employ people who aren’t adequately trained, there is a greater risk that they won’t meet the minimum standard of care required by state laws. An experienced St. Petersburg nursing home abuse lawyer can assess the merits of a negligence claim and discuss any concerns you have regarding a loved one.

Contact a St. Petersburg Nursing Home Abuse Lawyer

Giroux & Associates, Inc. is dedicated to helping people who have been victims of neglect and abuse in nursing homes. Call us at (727) 895-5399 to schedule a consultation with a St. Petersburg nursing home abuse lawyer.

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