How Are Nursing Homes Held Accountable for Their Negligence? 


When it comes to looking at the different types of personal injury lawsuits, one of the most disputed types of personal injury lawsuits is the one that occurs in nursing homes or other health care facilities. The reason for this is that negligence can be difficult to prove, especially without the documentation or perhaps a recorded video to show negligence. Consequently, the injured party must get a good lawyer who can get to the bottom of what happened to the nursing home resident. This article will address how nursing homes are held accountable when negligence occurs.

Making Nursing Homes Accountable for Negligence 

The laws may slightly vary from state to state regarding how to handle negligence or abuse at a nursing home, and this article will address the laws in Virginia. Emroch and Kilduff is a law firm in Virginia that offers suggestions on how potential clients can make nursing homes accountable for negligence. There is legal information that nursing home residents should know about their rights and responsibilities. The residents have a right to their confidential records and the right to manage their personal finances.

More Information About Making Nursing Homes Accountable for Negligence 

Residents have the right to expect to be treated reasonably with respect, courtesy and to be treated with dignity. They have the right to be free from abuse of any type, including sexual, emotional, physical, mental, and economic. Residents have the right to be free of restraints unless they otherwise pose a threat to themselves, the other residents, or the staff. An additional piece of information for residents is the right to file complaints regarding services and policies without fear of retribution.

Addressing the Nursing Home Negligence Lawsuits 

Various circumstances can lead to a lawsuit due to abuse or negligence at a nursing home, with examples being unexplained injuries or bedsores, or frequent falls. Abuse or negligence can be difficult to prove because the average residents are elderly and may be unable to recognize when abuse is occurring, or their eyesight or hearing is decreasing. This is why hiring a qualified attorney or law firm is paramount to ensure that the best representation is possible to help the injured resident.

More About Nursing Home Negligence Lawsuits 

If a personal injury lawsuit for negligence or abuse is going to be pursued in Virginia, the party filing the claim must be aware that Virginia law has a statute of limitations of two years from the date of the injury or abuse. This means that if the resident fails to get the lawsuit filed in that period, any opportunity to have the case heard or be awarded damages will be gone. It is critical to pay careful attention to the timeline regarding a negligence lawsuit.

Other Information About Filing Negligence Lawsuits 

Due to the nature of nursing home residents being older in most cases, the nursing home may try to produce information that the resident was somehow responsible for what happened to him or her, or at least partly. This falls under the law of the shared fault rule and in Virginia the law is harsh. It is known as contributory negligence and if the nursing home can prove that the resident was even one percent at fault, the resident will not be awarded any damages. The representing law firm must be sharp.

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