Establishing Liability in DC Nursing Home Abuse Cases

Liability is a term used to describe the legal criteria to determine who was at fault for particular injuries in cases of negligence and abuse. When the term liability is discussed in DC nursing home abuse cases, it is used to discern who is responsible or culpable for the incident giving rise to the complaint.

In order to receive the necessary damages for you or your loved one who has suffered from nursing home abuse, it is important to work with a skilled DC nursing home abuse attorney. An experienced attorney can help in establishing liability in your DC nursing home abuse case.

Duty of Care

The duty of care is one of the elements that is necessary to establish and prove liability in nursing home abuse cases. The duty of care refers to the applicable legal duty that is owed by the nursing home facility and/or its employees to the nursing home residents. The particular duty owed to a particular resident can vary based upon the physical well-being of the nursing home resident.

The responsible party is being held liable for a breach of the applicable duty of care. If it is established that the nursing home owed a particular duty of care and it failed to perform that duty of care, or performed that duty in a sub-standard way, and that breach of the duty was the cause of the injured person’s injuries, then the breaching party can be held responsible.

Types of Damages

Economic and non-economic damages are legal terms that are used to describe the forms of damages that are available in nursing home abuse cases. Economic damages refer to the cost of medical treatment incurred both in the past, present and in the future, as well as any other objective medical expenses or other financial loss.

Non-economic damages are a more subjective form of damages that often refer to pain and suffering, and inconvenience sustained by the injured person as a result of the abuse or neglect of a nursing home facility.

Evidence Used

The type of evidence used to establish liability varies based upon the type of claim being presented. If the nursing home resident is living in an independent facility, but has a claim to be made, then that nursing home resident may be able to present their own evidence of the breach of standard of care.

However, if the nursing home resident is incapacitated or unable to communicate, then evidence through some other form, either medical documentation, witnesses, or other forms of documentation, may be necessary in order to establish liability.

Working with an Attorney

The nature in which the evidence is presented in a DC nursing home abuse case to establish liability depends on the ability of a nursing home resident to advance their own case. If the nursing home resident is able to present evidence on their behalf, they are certainly allowed to do so.

If due to some medical or mental incapacitation they are not able to do so, then the claim will take a different format and be presented either through witnesses, expert witnesses, expert medical testimony or further documentation in order to advance the injured person’s claim with the help of a nursing home abuse attorney.

Anyone who retains the services of a personal injury attorney should work with the attorney and keep an open communication of the collection of evidence and should keep the attorney informed as to the condition of the nursing home resident. A good working relationship between the attorney and the client is crucial.The attorney will collect all the medical record and bills. The original party and family members should advise the attorney of all the medical professionals who have treated the injured party.