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How do you prove liability for a nursing home injury?

When adult children become overwhelmed with the responsibility of caring for an older parent or other relative, the decision may be made to move the elder into a nursing home. By doing so, most people are doing what they think is best for their loved one. But what if the relative becomes a victim of a nursing home injury?

If the injury is the result of negligence on the part of the nursing home operator, the operator may be liable for damages. There are a number of possible causes of nursing home negligence. These include negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, and negligent selection or maintenance of equipment.

If a nursing home does not adhere to the minimum licensing standard of care in Pennsylvania, the failure could provide evidence of negligence if the injury can be traced to the failure. An attorney skilled in nursing home personal injury may be able to look at the facts of a situation and provide guidance on how to proceed against the nursing home operator or other parties.

It may be necessary for a plaintiff to provide evidence about proper practices in nursing homes in order to prevent the case from being thrown out of court. Often this evidence will be in the form of expert testimony. This will only be necessary if the alleged lack of care or skill by the nursing home is not so apparent that the average person would comprehend it based on his or her common knowledge and experience.

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The Law Firm of Leisawitz Heller
2755 Century Boulevard
Wyomissing, PA 19610

Toll Free: 866-360-5064
Phone: 610.816.0342
Fax: 610.372.8671
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The Law Firm of Leisawitz Heller
400 South 4th Street
Hamburg, PA 19526

Phone: 610.816.0342
Fax: 610.372.8671
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