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Nursing home abuse and the elements to succeed on a claim


For many Mississippians, a time will come when they must decide what type of care to get for their elderly loved ones. They may choose to hire a move-in aide or to clear out one of their own bedrooms so they themselves can care for their elderly loved one. Many, though, will choose to place their loved one in a nursing home. While these institutions can be extremely beneficial for their residents and their residents' families, sometimes negligence leads to substandard care and significant harm.

One way nursing homes can breach the duty of care they owe to their residents is by allowing nursing home abuse. If a loved one develops unexplained bruising or becomes fearful of certain nursing home employees, then abuse may be occurring. The abuse can be quite damaging, causing not only physical but also emotional and perhaps even financial harm. A worsened medical condition may develop and, in the worst instances, the abuse can be fatal.

Those who have suffered harm as a result of nursing home abuse or neglect should consider taking legal action. In order to succeed on a claim against a nursing home, a victim must typically show that a duty of care was owed to the victim, that duty was breach, causing injury, and the nursing home's owners or staff caused the injury. The law in this area is often complex, and a claim may fail if proper legal arguments are not made.

For this reason, it is often best for those who have suffered nursing home abuse to consider speaking with an experienced legal professional. Armed with legal knowledge, compassion, and assertiveness, a competent attorney will work diligently to prove the above elements to the best of his or her abilities. If successful, a victim may recover compensation for his or her harm, which may also deter similar harmful actions or inactions from occurring again in the future.

Source: FindLaw, "Nursing Home Abuse Claims," accessed on Dec. 8, 2014

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