Anyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle, or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible.

As consumers, we trust that the products we purchase meet certain standards for safety. We also have to trust that the products used or prescribed by our physicians or made available to purchase are safe and free defects or flaws that could inflict injury, illness, or death.
If you have sustained injuries because of a product defect or recalled drug, you may have a product liability claim.

Brent Cordell

Attorney at Law

1 844 - 8LEGAL8 (1 844 853-4258)

Nursing Home Abuse


 
Only one in every eight instances of medical negligence actually has a claim brought against the responsible medical professional or care facility.

There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence or abuse. False imprisonment, violations of criminal statutes and violations of regulations pertaining to their licensing, maintenance and general operation are all issues that may constitute grounds for a personal injury claim.

Older people frequently opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical and/or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients.

However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings several factors contribute to the abuse or neglect of residents, including poorly qualified or inadequately trained staff; staff with a history of violence, the isolation of residents and the reluctance of residents to report abuse out of embarrassment or fear.

An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding:

1) an investigation and finding by an adult protective services agency;
2) a civil cause of action for damages (a lawsuit); and/or,
3) a criminal prosecution.

These three types of proceedings have different objectives. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil action (lawsuit) is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct.

Usually, a nursing home will enter into a contract with a resident in which it sets out the services it will provide and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory.

Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an experienced attorney as soon as possible to ensure that your legal rights to compensation are fully assessed and protected, especially in light of time limits for filing a lawsuit for nursing home injuries. Contact Brent M. Cordell for a free consultation. We will use our experience, knowledge and resources to achieve the best possible results for you and your family.

 

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