Liability refers to the legal responsibility nursing homes and long-term care facilities have for any harm or injury a resident suffers as a result of neglect or abuse. When a nursing home fails to provide adequate care or protection to its residents, it could be liable for any resulting damages.
However, establishing liability in Wesley Chapel nursing home abuse cases can be challenging. The burden is on the victim or their family to demonstrate that the facility failed to meet the standard of care—which is what a reasonable healthcare provider would have done in similar circumstances. The Wesley Chapel nursing home abuse attorneys at Distasio Law Firm are prepared to carry this burden for you.
Our dedicated legal professionals can work with experts to review the nursing home’s files and medical records to determine if the care provided meets the legal requirements. When there is evidence of abuse or neglect, our diligent attorneys will work to hold the negligent nursing home facility or staff accountable for their misconduct in court.
Nursing Home Facilities’ Duty of Care
The duty of care in a nursing home refers to the facility’s responsibility to meet its residents’ needs. The nursing home receives payment from family members, health insurance, Medicare, and Medicaid to provide necessary care, and in return, they agree to offer all services required for the resident to live their best possible life. When the nursing home fails to do so, they are not meeting their duty of care.
This duty includes:
- Providing adequate food and water
- Identifying and addressing fall risks
- Repositioning or turning residents in bed
- Addressing any other needs specific to the individual resident
The nursing home administration must also provide enough staff to ensure that residents’ needs are met. The duty of care can vary based on the specific needs of each resident, but the bottom line is that the nursing home must fulfill these needs to meet their duty of care.
Collecting Evidence to Prove Nursing Home Liability
At Distasio Law Firm, when we take on a case of abuse or neglect in a nursing home in Wesley Chapel, we follow a specific process to establish liability.
First, we interview the family members to gather as much information as possible about the resident. Then, we collect all available medical records and review them carefully. We also take depositions from the nursing home staff involved in the case to gather their statements.
Finally, we compile all this information and present it to medical experts who can provide a professional opinion to establish liability against the Wesley Chapel nursing home.
Potential Damages After Establishing Fault
Once our diligent lawyers prove a nursing home is responsible for a resident’s harm, the victim and their family could pursue compensation for various types of damages, including:
- All past and future medical expenses
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
In cases where a resident passes away due to an assisted living facility’s abuse, surviving family members—such as a spouse or adult children—may file a wrongful death claim to pursue recovery for damages such as loss of companionship resulting from the loss of their loved one.
A Wesley Chapel Attorney Can Help Establish Liability in Nursing Home Abuse Cases
It is difficult for family members to represent themselves in cases involving nursing home abuse or neglect. The legal requirements for success are complex, so you should hire an experienced attorney from Distasio Law Firm for help establishing liability in a Wesley Chapel nursing home abuse case.
Most personal injury lawyers do not have the necessary background or experience to handle these cases, but Scott Distasio is a lawyer with extensive medical expertise who has successfully won compensation for many victims of nursing home abuse throughout Florida.
Call today to discuss the details of your case with a compassionate member of our Wesley Chapel legal team.
