Houston, TX- If your loved one was abused or neglected in a Texas nursing home, chances are you are pretty angry and want to take action. You want a nursing home or caregiver to be accountable for causing your vulnerable loved one to suffer or die. To do so many families decide to file a personal injury or wrongful death suit, so it is important they know what it takes to prove negligence.
If you’ve decided to file a personal injury suit, USAttorneys recommends you contact a nursing home abuse lawyer serving Texas to investigate your claims and work on recovering compensation for you and your loved one.
To prove a nursing home or caregiver was negligent, you have four things to prove. One, you must prove that the party you are suing had a duty of care, meaning they had a responsibility to protect your loved one. Second, you must show that your loved one’s injuries or death was the caused when a facility breached their duty or care. Third, actions or inactions on behalf of a facility resulted in your loved one’s injuries or death. And, fourth, you must show your loved one suffered damages due to a facility’s or caregiver’s negligence.
Duty of care means that the party or parties you are suing were partially or fully responsible for a nursing home residents injuries. A nursing home has a duty to ensure your loved ones medical needs and daily care are being tended to and to ensure they are not harmed by a staff member, fellow nursing home resident or stranger.
The most significant burden of proof is showing that a facility failed to meet their obligations and thus breached their duty of care. That means a facility failed to do what is reasonable under the same circumstances. The Law Dictionary describes breach of duty as: “the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.”
Third, you must be able to show a nursing home was directly involved in the harm to your loved one and were aware that failing in their obligations would be harmful to a resident. This is to keep the wrong party from being sued.
And, finally, you must be able to show that a facility or staff member’s actions or inaction caused your loved on to suffer physical, emotional and financial damages. Those damages can include costs associated with medical bills, funeral expenses and emotional damages. If your loved one died as the result of negligence you may also be entitled to compensation for your loss of companionship.
If you live in Houston and would like to file a nursing home abuse or neglect lawsuit, we recommend you contact elder law attorney Marian Rosen to explain the courses of action you can take to get justice for your loved one. Contact the Rosen & Spears law firm today and set up a consultation.