How to File Nursing Home Negligence Claims

Nursing homes are trusted to care for our most vulnerable citizens. If those who manage the facility fail to properly care for their residents, they can be held liable for the damages they cause.

Personal injury claims relating to nursing home negligence may include:

  • Injuries caused by failure to administer medication properly
  • Malnutrition caused by not feeding a resident who cannot independent feed himself
  • Falls from a failure to properly use safety devices like bedrails and non-slip floor mats
  • Infected bed sores due to a failure to promptly turn and reposition a bedridden resident
  • Injuries caused by dropping or improperly moving a resident who has limited mobility
  • Injuries that occur after a resident wanders away from the premises

Nursing homes can be held liable for injuries if they are negligent in personal supervision of residents, training of employees, and/or maintenance of the premises. However, it can often be difficult to prove if the victim’s injuries are the result of the negligent behavior or simply an inevitable consequence of advanced age and/or a previous medical condition. The testimony of medical experts may be needed to successfully prepare a case.

When the injured party is not able to participate fully in the preparation of the case, a litigation guardian may be appointed.  A litigation guardian makes decisions on behalf of someone who lacks the sufficient capacity to fully participate in a legal proceeding. In cases of nursing home negligence, the litigation guardian is usually a close family member who is working with a personal injury lawyer to ensure that the victim’s rights are protected.

Jane Conte Is Committed to You

Jane Conte’s practice has always focused solely on personal injury cases, including those involving victims of nursing home negligence. Based in Whitby/Oshawa and Vaughan, Conte & Associates is committed to helping accident victims receive the compensation they deserve. Please contact Conte & Associates at 1.877.614.0008 to schedule a consultation.

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