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Special Proof in a Nursing Home Injury Claim

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What are Nursing Home Injuries?

Nursing home injuries are injuries that are sustained by residents of nursing home facilities, usually elderly persons.  The injuries are typically due to some form of negligence or malpractice by a nursing home worker, specialist, or physician. 

A common form of nursing home injury is where the elderly person is given the wrong medication, the wrong dose of medication, or didn’t receive their medication at all.  Other injuries may include those associated with the lifting or transportation of the person (especially if they are already bedridden).  Elder neglect or abuse may also be a common basis for nursing home lawsuits. 

Many different parties can be held liable for nursing home injuries, including the owner or operator of the facility, medical staff, on-site nurses, and medical physicians treating the elderly person. 

What are Some Special Proof Aspects in a Nursing Home Injury Claim?

Nursing home injury lawsuits can often be very specialized and complex.  This is because nursing home residents often have very unique needs that can differ from resident to resident. 

When calculating damages in a nursing home injury claim, the courts will need to consider very specific elements of proof, including:

  • Any “reasonable and necessary” expenses for medical treatment
  • Anticipation of future expenses related to the injury
  • Harm resulting from prolonged immobilization (such as bedsores)
  • “Phantom pain” or other types of pain that are not immediately recognizable (commonly associated with surgery and amputation for diabetes)
  • Disfigurement or loss of ability to enjoy life
  • Shortened life span expectancy

In addition, many nursing home injury claims often involve losses to third parties such as close family relatives.  This is because the parents or other family members may experiences issues such as loss of consortium or mental anguish when the nursing home resident is injured.

Proof of injuries to an elderly person may often require the assistance of medical expert, who can offer their expert opinion on the subject.  Again, this may need to be done on a case-by-case basis, since each patient has a different background.

Do I Need a Lawyer for Help With Proof in a Nursing Home Injury Claim? 

Nursing home injury lawsuits can present many challenges, and may involve several different types of legal issues.  You may wish to hire an experienced lawyer if you need assistance with a nursing home injury claim.  Your lawyer can assist you in filing a claim with the court, and can explain the laws in your area.  A qualified attorney can help you or your loved one obtain the appropriate legal remedy.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 10-16-2012 02:44 PM PDT

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