How to Prove a Nursing Home Negligence Claim

1. Duty of Care

You must demonstrate that the nursing home owed your loved one a duty of care. A nursing home has a legal duty to provide residents with a safe environment, proper medical care, assistance with daily activities, and appropriate supervision. This duty arises from state and federal regulations, the admission agreement between the facility and the resident, and the basic obligation to act as a reasonably prudent care provider would under similar circumstances.

2. Breach of Duty

You need to show that the nursing home breached its duty of care. This means the facility failed to provide the level of care a reasonably prudent nursing home would provide. Examples include:

• Failing to prevent falls or leaving residents unattended.
• Failing to reposition bedridden residents, leading to bedsores (pressure ulcers).
• Medication errors, such as wrong doses, wrong drugs, or missed medications.
• Failing to respond to call lights or requests for help in a timely manner.
• Inadequate staffing or undertrained staff.
• Failure to provide proper nutrition and hydration.
• Failing to follow a resident's care plan.
• Ignoring signs of infection or failing to seek timely medical care.
• Physical, verbal, or emotional abuse by staff.
• Improper use of restraints.
• Failure to supervise residents with dementia or wandering behaviors.

3. Causation

You must prove that the nursing home's breach of duty directly caused your loved one's injuries or worsening condition. There needs to be a direct link between the facility's failure to provide proper care and the harm suffered. It's not enough that the facility was negligent; you must show that this negligence led to the injury, illness, or decline.

4. Damages

You need to demonstrate that your loved one suffered actual damages as a result of the facility's negligence. These damages can include:

• Medical expenses (past and future).
• Pain and suffering.
• Emotional distress.
• Costs of additional care or a change in facility.
• Loss of enjoyment of life.
• Wrongful death damages in fatal cases.
• Other economic and non-economic losses.

In Summary

In summary, you need to prove that the nursing home breached its duty to provide proper care, that this breach caused your loved one's injury or decline, and that the injury resulted in damages.

Evidence Used to Build a Strong Case

To build a strong case, evidence is crucial. This can include:

• The resident's medical records, nursing notes, and care plans.
• Incident reports and facility internal records.
• Photographs of injuries, wounds, or unsafe conditions.
• Witness statements from family, visitors, or staff.
• State inspection and survey reports (e.g., Ohio Department of Health survey findings).
• Staffing records and schedules.
• Medication administration records (MARs).
• Expert testimony from medical professionals, geriatricians, or nursing home care experts.
• Records of complaints made to the facility or state authorities.

Important Considerations

Keep in mind, nursing homes may raise defenses such as comparative negligence, and there are strict time limits (statutes of limitations) for filing a nursing home negligence claim.