Liability for nursing home abuse and elder abuse
Liability for resulting injuries from elder abuse can extend to parties who neither participated nor outwardly condoned the mistreatment. For instance, liability for elder abuse committed by employees in nursing homes extends to the nursing facility itself.
Each potential case must be evaluated on an individual level. The attorneys at York Law Firm are experts at handling cases of elder abuse and neglect. We invite you to fill out a free case evaluation to determine the strength of your case.
Proving fault in an elder and nursing home abuse case
Elder abuse is becoming more and more prevalent as nursing facilities are becoming less concerned with providing adequate care and more concerned with making a sizable profit. Therefore, the nursing home facility industry is highly regulated by both Federal and State government in order to protect the residents that reside therein. At York Law Firm, our experienced attorneys can advise you of the Federal and State regulations as they relate to your potential case.
In order to prove fault in an elder and nursing home abuse case, the plaintiff must prove that the defendant violated one of the Federal or State regulations. Proof of fault can be strengthened by showing that the injured party’s condition was inflicted or worsened as a result of residing in the nursing home, that the quality of care that the injured party received fell below a reasonable standard of care for his or her condition, or any documented evidence of abuse or neglect such as pictures, records, or witness statements.
Legal considerations in an elder and nursing home abuse case
The law requires that you file a lawsuit within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this time period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise you on the applicable statute of limitations.