Liability in Charlotte Nursing Home Neglect Cases
If you or your loved one were suffered injuries stemming from neglect while living in a Charlotte nursing home, the first concern you have is likely ensuring your family’s safety in the short term. Once that is accomplished, though, your next priority should be to determine who is responsible for the mistreatment that occurred and hold them accountable in civil court.
Depending on the circumstances, liability in Charlotte nursing home neglect cases can involve a number of different parties and take numerous different forms. In order to understand the full legal implications of your situation and effectively pursue a positive outcome to your case, it may be important that you seek help from a qualified lawyer who has litigated nursing home abuse and neglect cases before.
What is the Legal Basis for Liability in a Nursing Home Neglect Claim?
In most cases proving liability in a Charlotte nursing home neglect case requires proving that one or more parties was legally negligent in their care for a nursing home resident. In essence, a person or entity is legally negligent when they fulfill all the following criteria:
- They owed a legal duty of care to the party filing suit against them—or, in some nursing home neglect cases, the family member filing on an affected resident’s behalf
- They breached their duty of care through some kind of reckless or careless action
- The filing plaintiff—or their loved one—experienced some kind of accident or injury as a direct result of the breach of duty
- The accident in question directly led to the damages the plaintiff is seeking compensation for
Since nursing homes bear total responsibility for every resident’s health, safety, and social interactions, staff members have a duty to act reasonably and within the guidelines set by facility regulations and North Carolina state law at all times. Any violation of the rights guaranteed by the North Carolina Bill of Rights for Nursing Home Residents may constitute grounds for civil litigation, through which affected parties could hold the person responsible for violating their rights responsible for paying out damages.
Holding Different Parties Liable for Abuse and Neglect
Depending on the specific ways in which a Charlotte nursing home resident suffers neglect, different parties may bear legal liability for the damages that a resident experiences as a result. In many situations, neglect stems from the negligence of an individual staff member, whether because they did not perform their job duties appropriately or simply allowed infection to spread by failing to maintain personal hygiene.
More often, however, the most appropriate party to hold liable for nursing home neglect is the administration responsible for that facility’s operation. Beyond just being responsible for hiring qualified staff in the first place, certain facilities may also bear direct liability for neglect stemming from understaffing, lack of proper training, or workplace policies that prioritize profits over resident care.
Finally, some forms of neglect stem from a doctor or other healthcare provider negligently misdiagnosing a resident’s condition, failing to provide the care they need, or not maintaining sanitary conditions during checkups and medical procedures. Claims with medical professionals as defendants usually fall within the purview of medical malpractice, so it is often particularly important to seek help from knowledgeable legal counsel when litigating these complex cases.
Work with a Charlotte Attorney to Prove Liability in a Nursing Home Neglect Case
There is no amount of money that can make up entirely for the physical pain and emotional suffering that nursing home neglect can cause. In order to recover any compensation at all, though, you must be able to construct a compelling civil case against the party responsible for that neglect—which in turn means proving them legally liable for that neglect’s impact on yourself or your family member.
A seasoned nursing home abuse lawyer could be your most important ally when it comes to holding negligent parties legally responsible for their careless and reckless actions. To learn more about liability in Charlotte nursing home neglect cases, contact a skilled legal professional today for a consultation.