Factors in a Nursing Home Lawsuit

Building a Case of Negligence Against a Health Care Facility

When a South Carolina nursing home or patient care facility places profit over adequate care whether due to inadequate supervision, understaffing or otherwise, and your loved one isinjured or  killed as a result, the nursing home should be held responsible for your losses.

The Strom Law Firm, LLC has been fighting nursing home abuse for over 15 years.

Proving a Nursing Home is Responsible for the Death of a Loved One

In a case where a resident dies because of the nursing home’s negligence, it is not necessary to prove that the resident would have survived if not for the negligence. If the facility accelerated the resident’s death at all, it may be liable for the death, and if the negligence caused the resident additional pain and suffering, the nursing home can be liable to the resident’s estate for mental suffering.

Expert Testimony
A plaintiff suing a nursing home may need to offer expert medical testimony about what is or is not a proper practice, treatment or procedure in a given situation, unless the lack of care or skill by the nursing home is so apparent that the average person would comprehend it based on his or her common knowledge and experience. For instance, if a nursing home administrator is alleged to have failed to exercise care with respect to maintaining the nursing home facility, that issue will likely not require expert testimony, whereas a nurse’s treatment of a patient’s condition might.

Expert testimony can help establish the standard of professional care against which the conduct of a defendant nursing home should be measured. This testimony will also help establish that the resident’s injuries were the result of the nursing home’s failure to exercise the appropriate care.

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