Everyone makes mistakes—you’ve probably heard that saying since you were a young child.
Sometimes mistakes can be easily fixed and other times mistakes have significant consequences. Regardless of how a mistake turns out, however, a mistake is not a legal term, and there is no liability for a mistake unless it meets the legal standard of negligence.
When a Mistake Becomes Legal Negligence
A nursing home error meets the legal standard of negligence if all of the following are true:
- The nursing home owed the resident a duty of care. This element of negligence is easily established because nursing homes have a responsibility to reasonably care for all residents.
- The nursing home breached the duty of care. Nursing homes and nursing home staff members must use reasonable care with residents. If a nursing home or a staff member acts in a way that a reasonable nursing home or staff member would not act, the duty of care may have been breached.
- The nursing home resident was hurt. The breach in the duty of care must be the proximate cause of the resident’s injury. In other words, the injury would not have happened but for the breach of the duty of care.
- The nursing home resident, or her estate, is legally entitled to damages. The injury must have resulted in an emotional, physical, or financial loss that can be compensated.
Evidence will be required to establish each element of negligence.
What to Do When a Mistake Is Also Negligence
A nursing home resident who is injured as a result of negligence can file a lawsuit against the care provider and pursue a financial recovery. Contact an experienced nursing home injury lawyer today for a free consultation about your rights. We can help find out whether your injury, or your loved one’s injury, was caused by a mistake or by nursing home negligence and take the appropriate actions to make sure that justice is done.