Wednesday, October 15, 2014

Nursing home chain settles federal case for $28M

Nursing home chain settles federal case for $28M
Arbors of Sylvania named in agreement

Arbors of Sylvania named in agreement

Issues regarding nursing home liability may arise in case of personal injury or wrongful death of a resident of the nursing home or a visitor to a nursing home.

A nursing home, or its owner, can be held liable under general principles of tort law for negligent acts or omissions respecting the care of residents.  In an action for injuries negligently inflicted on a resident of a nursing home by a home's owner or operator or its employees, the injured plaintiff must plead and prove the traditional elements of negligence:

  1. The defendant owed a duty of care to the plaintiff;
  2. The defendant breached or violated that duty;
  3. The plaintiff sustained injury; and
  4. There was a causal connection between the defendant's conduct and the resulting injury.

In a wrongful death action, it is not necessary to prove that a decedent would have survived if not for the defendant's negligence. It has been held that if a defendant accelerates a decedent's death by even an hour, minutes, or seconds, it may be liable for such death, and if a defendant's negligence caused the decedent additional pain and suffering, it could be liable to decedent's estate.

Liability may arise because of negligent personal supervision and care, negligent maintenance of premises, or negligent selection or maintenance of equipment.

A nursing home is liable under the doctrine of respondeat superior for any tortious acts of its employees that are committed within the scope of the employee's duties. To prove such liability, the injured resident must show that at the time of the infliction of his or her injuries the employee of the home was acting on its behalf and performing services in the furtherance of its business.

If you believe that you or someone you love has been injured as a result of a nursing home's negligence, contact me for a free consultation.

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