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When you decided to move your loved one to a nursing home, you probably expected that they would receive the care and assistance they need to make their life more comfortable. Unfortunately, some residents in memory care centers suffer serious injuries due to negligence on the part of someone at their assisted living facility.
If your loved one suffered harm in an assisted living facility, you should consult a local nursing home negligence lawyer from Zoll & Kranz, LLC, who could help you investigate what happened. Our team could use our experience with collecting evidence in Toledo nursing home cases to assess if you have a viable legal case.
To succeed in a negligence claim involving a nursing home resident, the injured party or their family must establish the elements of negligence.
Nursing homes owe a duty of care to their residents. Skilled nursing facilities must deliver safe care that meets residents’ physical, emotional, and mental needs. Facilities should also be safe, clean, and hygienic. Staff should ensure residents receive adequate food and medical attention and have opportunities to socialize with other residents and visitors.
Nursing homes must uphold their duty of care. When a nursing home fails to provide each resident with a safe environment or meet their other needs, it breaches that duty of care. For example, if a nursing home fails to reposition a resident regularly, it violates the duty of care by neglecting the resident’s medical or physical needs.
A diligent legal team could demonstrate that a nursing home’s failure to meet a resident’s needs caused them to suffer an injury. In the previous example, an attorney could help a family demonstrate that the resident developed bedsores from staying in the same position for too long.
The final element in a negligence claim is proof of actual damages. A compassionate legal team could help a family show that the resident suffered serious harm due to the bedsores, which caused the resident pain, suffering, and humiliation.
Our Toledo attorneys could help the family of an injured assisted living facility resident demonstrate liability by collecting sufficient evidence to prove that all elements of negligence occurred.
Evidence that the family of an injured nursing home resident could use to establish negligence includes:
To secure evidence in a negligence case, our Toledo-based legal team could visit the nursing home and use proper legal procedures to access the resident’s medical records. A careful review of the facility’s employee and hiring manuals could highlight whether the facility has sufficient skilled staff and provides appropriate training. Our attorneys could also search for other cases to see if the facility had a prior history of negligence and carefully interview other residents and former employees to learn about the facility’s practices.
Unfortunately, many residents are unable or unwilling to speak out against their nursing homes, leaving it to families to search for evidence. If your loved one suffered harm in a skilled nursing facility, working with an attorney experienced in the investigative techniques for collecting evidence in Toledo nursing home negligence cases could help.
Call our law office at Zoll & Kranz, LLC, to set up a preliminary consultation. Our legal team could help you hold the people responsible for your or your loved one’s harm accountable.
Michelle is a founding partner of Zoll & Kranz, located in Toledo, Ohio. Michelle has been a plaintiff’s lawyer for the entirety of her practice – over 32 years. She devotes the majority of her time to complex consolidated litigation and class action including advocating for people injured by medical devices, prescription medications, or corporate negligence.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Zoll & Kranz, LLC and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Ohio injury lawyer, Michelle L. Kranz, you can do so here.
Zoll & Kranz, LLC does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
A serious injury can have life-altering results.
Don’t settle for less than you deserve, speak with an award-winning personal injury lawyer today.
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A serious injury can have life-altering results.
Don’t settle for less than you deserve, speak with an award-winning personal injury lawyer today.
