Why Nursing Home Abuse Plaintiffs Struggle to Get a Fair Trial: Analysis by a Local Attorney
You would think that an elderly or disabled victim of nursing home abuse would garner the sympathy of juries. However, the opposite oftentimes proves itself true. Juries may be reluctant to side with the plaintiff, and may look for reasons to side with the corporate nursing home. As a result, you will need an experienced Tampa nursing home abuse law firm on your side to advocate for your rights.
Top Factors Weighing Against a Nursing Home Patient
Some common reasons that a Tampa nursing home abuse attorney can explain that a jury may side against a nursing home abuse patient include:
- Difficulty Proving Causation. There may be issues with proving causation of harm in a nursing home abuse case. Oftentimes, the victim may already suffer from ailments and other pre-existing conditions. As a result, it can be difficult for a Tampa nursing home abuse attorney to show that the injuries alleged are directly related to the abuse. In addition, a common nursing home abuse claim is neglect. Proving that someone failed to take affirmative steps is much more difficult to prove than showing that some affirmative step led to harm;
- No Breach of Duty. Another element that needs to be proven in a negligence case is that the nursing home breached a duty of reasonable care. Defendants will often point to compliance with state regulations to show that a breach of duty did not occur. However, these regulations are often not adequately strict and a nursing home may be negligent even though complying with the regulations; and
- Non-Sympathetic Patient. Unfortunately, juries may look upon certain victims of abuse without sympathy. This may be because the jury cannot identify with an elderly victim, or the jury may harbor some sense that the victim deserved the treatment or injury.
Contact a Tampa Nursing Home Abuse Law Firm
If you have any questions about a nursing home abuse claim, you will want to contact an experienced Tampa nursing home abuse law firm to learn your rights and options. To learn more about how a lawyer can help your case, contact Peter Giroux at (727) 895-5399.