Most people understand that they can make claims against certain parties in the event that they suffer a personal injury through no fault of their own. Yet this position is not always as clear-cut as it could be when it comes to those people who are living in a nursing home or care facility. If you or a loved one has been injured in some way due to an incident in one of these facilities, what should you do next?
Contract for Care
When an individual enters a care home or nursing facility, that facility will contract to look after them to the best of its ability and in line with strict standards. While in the majority of cases, the people who work there will provide a great level of care, this is not always the case. It's not unheard of for an individual to suffer from physical or emotional abuse, which is, of course, very troubling for the remaining family as well.
Any individual staff member who is responsible for inflicting such abuse will be liable from a criminal point of view. The facility may also be liable if it can be shown that owners or managers did not exercise the proper level of care when choosing or supervising their staff members. It may be necessary to prove that facility was aware of the situation or ought to have known that there was a risk of it occurring. In this case, managers may have failed to supervise correctly or, in some circumstances, they may have employed staff that were unqualified or incorrectly trained.
In all of these situations, the approach to damages may be different. After all, the individuals who live in these facilities may not suffer any direct economic loss or loss of income. They may certainly have to deal with pain and suffering, however, which may impact medical expenses or the cost of future care.
Claims by a Family Member
A family member may also be able to claim for personal injury. Depending on the extent of the injury or abuse to the person in care, they may suffer psychiatric trauma themselves. If they can prove that they have a diagnosable injury that arose from the circumstances, they can also establish a claim. They may be able to look for compensation for their own pain and suffering, medical expenditure or lost wages.
Establishing the Case
It can sometimes be challenging to prove a case in this scenario, and it is very important to get professional legal help. So, if you've been troubled by a recent incident in a care home or nursing facility, talk with a personal injury lawyer soon.Share