Are Your Loved Ones Protected?
When our elders are sent to nursing homes to recover after a major surgery or medical event, we expect that they will be treated with the utmost regard and respect.
Too often, however, the nursing home industry hires under-qualified employees, has substandard or outdated equipment, and has sanitary problems that increased our loved one’s risk of injury. Sometimes they hire unhinged or disturbed employees that abuse the residents. Other times, they are so understaffed that the few employees they do have are overwhelmed and the standard of care drops to a level that puts patients at risk.
Hire a Fort Wayne Nursing Home Abuse Attorney
If any of these ring familiar to you, then you are entitled to sue. Exacting a monetary toll for a health provider’s incompetence or carelessness is often the only remedy aggrieved parties have to punish those who have wronged the people they love. It sends a message that their quality of care is insufficient. It lets them know that they can’t cut corners at the expense of patient safety and care.
Medical Malpractice and Negligence
Nursing homes are healthcare facilities. As such, they can fall under either the medical malpractice laws of Indiana or under basic negligence laws. For instance, if a patient were to slip and fall on a wet floor, then that would be a premises liability claim. On the other hand, if a lapse in the standard of their medical care resulted in an injury or death, then that would be a medical malpractice claim.
The role of negligence is similar in both cases. Your attorney must prove that:
- The defendant owed a standard of care to the injured party;
- There was a lapse or breach in that standard of care;
- The breach resulted in injuries to the plaintiff.
In the case of medical negligence, the only major difference involves how the lapse or breach happens. Not every adverse medical event is considered medical malpractice. The plaintiff must be able to prove that nurses, doctors, or the facility itself failed what most doctors would consider a reasonable standard of care.