Neglect and abuse of the elderly and frail is by most anyone’s estimation among the more egregious offenses. Sadly, those who are least able to fend for themselves in nursing facilities are all too often mistreated and neglected; what is worse, at times a case may go to trial, only to end with the jury siding with the defendant. A strong and experienced St. Petersburg nursing home lawyer will fight for your loved one’s rights to ensure that this does not happen, but the following explains reasons why cases are sometimes lost.
A St. Petersburg Nursing Home Attorney on Proving Negligence
As your St. Petersburg nursing home lawyer will tell you, in order to prove negligence there must be a showing of a failure of duty of care. The duty of care is inherent to the caregiver/resident relationship. Injury, especially if it is physical, is not difficult to prove. The factor, then, which tends to be troublesome is the proving of a causal link between the duty and injury. In essence, your St. Petersburg nursing home lawyer must show that the injury occurred because of the break down in duty of care.
A St. Petersburg Nursing Home Lawyer Explains Common Defenses
The task of your St. Petersburg nursing home lawyer will be in part to argue against any defense raised. One can be sure that attorneys for the nursing care facility will try to undermine your case. They may try to do so in one of the following ways:
- Suggest a lack of causation. They may argue that their client’s conduct did not lead to the injuries in question;
- Contributory negligence. Defense attorneys may suggest that the injuries occurred, at least in part, due to actions by the injured resident. For example, if your loved one suffered an injury in a fall, an argument may be raised that the facility provided adequate safety, and that the victim’s own actions caused him to fall; and
- • Assumption of a known risk. The defense may suggest that a certain activity was known to have inherent risks. Similar in nature to this defense is an open and obvious danger. This latter defense is more common than the former in nursing home abuse cases.
Whichever defense is utilized, your St. Petersburg nursing home lawyer will need to show that it does not truly account for the cause leading to the victim’s injuries. Juries can be very empathetic toward victims, but they also are wary of finding for a plaintiff if they believe the defendant is being wrongly accused.
Call a St. Petersburg Nursing Home Attorney for Assistance
If you believe that your loved one has suffered neglect or abuse at a care facility, speak with a St. Petersburg nursing home lawyer today. You may be able to gain compensation for your loved one’s medical costs, as well as pain and suffering. Call Peter Giroux to arrange a complimentary consultation today at 727-895-5399.