Caring for an older loved one or a family member who cannot live independently can be physically and emotionally overwhelming. As a result, many people entrust nursing homes with the care of their loved ones. Nursing homes have a legal and ethical duty to provide competent and thorough care, but many nursing homes fail to comply with their duties and provide substandard care, causing their residents to suffer significant harm. If you or your loved one sustained damages due to incompetent care in a nursing home, you should speak to an attorney regarding your rights. The knowledgeable New Hampshire nursing home negligence lawyers at Stephen Law Group are mindful of the devastating harm that nursing home negligence can cause. We will work vigorously to help you seek any damages that you may be owed.
Nursing homes are obligated under state and federal laws to meet their residents’ needs, which means that they must provide access to a licensed nurse and must provide residents with adequate food and nutrition. They must develop a personalized plan of care for each resident. Residents also have a right to be free from abuse of any kind, and to be free from restraints unless they are required by a physician’s written order and are needed to prevent harm. Many nursing homes fail to adequately train their staff members or lack sufficient staff members to meet their residents’ needs. Therefore, many nursing home residents suffer from neglect or negligent care. Signs of nursing home negligence include frequent falls, bruising, bedsores, malnutrition, dehydration, and unexpected weight loss. Nursing home negligence can also cause cognitive decline, depression, and poor hygiene.
A nursing home negligence attorney in New Hampshire may be able to help a resident recover damages, such as the cost of any medical treatment needed for injuries or illnesses that the resident suffered and compensation for the suffering and pain that the resident endured. If a resident lost his or her life due to nursing home negligence, the resident’s family members might be able to recover compensation via a wrongful death claim.
To prove that damages should be awarded in a lawsuit arising out of nursing home negligence, the plaintiff must establish each component of negligence. In other words, the plaintiff must show that the defendant owed the plaintiff a duty of care and that the defendant breached the duty. This usually means showing that the defendant nursing home failed to comply with the duties imposed by law. The plaintiff must then show that the defendant’s breach caused the plaintiff’s harm, which means that the plaintiff must show that he or she would not have suffered damages if the defendant had not breached the duty owed. Our New Hampshire nursing home negligence attorneys can gather evidence to support each of these elements.
It is not uncommon in nursing home negligence cases for a defendant to argue that a resident’s harm was caused by a pre-existing condition or a factor other than the nursing home’s failure to provide adequate care. In many cases, therefore, the plaintiff’s attorney will need to hire experts to testify regarding the obligations of the nursing home and the way in which the nursing home breached the duty of care. Expert testimony is also often needed to establish causation between the breach and the harm alleged and to explain which damages were caused by the breach.
While many nursing homes provide diligent and comprehensive care, some fail to treat their residents in an appropriate manner, which can lead to injuries, illnesses, and lasting harm. The injury attorneys at Stephen Law Group are committed to fighting to hold nursing homes accountable for the harm caused by their negligence. If you retain our services, we will zealously advocate on your behalf. Our nursing home negligence lawyers serve people in New Hampshire and in many areas of Massachusetts, and we have offices conveniently located throughout both states. You can contact us via our online form or at 877-663-1007 to schedule a confidential meeting to discuss your case.