Even if the pandemic reduced Delaware nursing home admissions by 30%, it still exacerbated negligence issues.
Nursing home negligence, whether willful or unintentional, is a kind of abuse when health professionals fail to afford a reasonable quality of care to their patients. It can manifest through a senior resident’s malnutrition, dehydration, poor hygiene, or unsanitary and unsafe room or environment.
Thus, family members can pursue a claim if they suspect or detect signs of nursing home negligence. However, the filing process may not always be as straightforward as they hope to be. They must work with their legal counsel to prove specific elements to support their case.
Proving negligence
After seeking medical attention for their injured loved one, family members must preserve as much proof as possible. Their lawyer can help them confront the burden of showing that the nursing home or their staff:
- Owes the senior resident a duty of care as reflected in the care contract
- Breaches such duty for doing something they should not have done or failing to do something they are expected to do
- Causes injuries, damages and other forms of losses to the resident as a result of breaching their duty
Nursing home negligence can result in dire consequences, such as physical complications, or mental and emotional torment. Ultimately, family members can fight for their loved one’s rights and prevent further harm by keeping proper documentation to back up their case – medical records, photographs of injuries, and other notes of personal observations.
Acting on behalf of their vulnerable loved ones
Nursing facilities may also devise a solid defense to dispute the family’s claim. When this happens, family members will most likely feel lost in trying to fight for their vulnerable loved ones. But they can find comfort in knowing that their counsel can work with them to devise strategic courses of action. This way, they can ensure that they receive compensation to pay for mounting bills and other losses.