What Are the Elements for a Successful Nursing Home Abuse Claim?

Most nursing home claims stem from some sort of negligent action or inaction by one of its staff member, or, in some cases, another nursing home resident. Negligence refers to any act or failure to act that violates the standard of care that a reasonable person would exercise in a similar situation. If a staff member injures a nursing home, assisted living, or community based residential facility resident through some sort of negligence, the situation may qualify as a personal injury case under Wisconsin law.

There are four required elements to any successful personal injury claim based in negligence: duty, breach of duty, causation, and injury. In a nursing home abuse claim, you must establish that the perpetrator of the injuries had a duty to the injury victim. In a nursing home or assisted living setting, a staff person clearly owes a duty of care to all residents. Next, the action or inaction of the staff member breached that duty of care. In other words, the act or failure to act must be negligent in nature, or a violation of the standard of care that a reasonable person would use in the same situation. Third, the negligent action or inaction must be the direct cause of the resident’s injury. Finally, you must prove that an injury to the resident actually occurred.  If you have evidence of all four of these elements, you are likely to have a successful personal injury claim for nursing home abuse.

The community based residential facility abuse (CBRF) lawyers of Boller & Vaughan are experienced in ensuring that nursing homes and other elderly care facilities live up to reasonable standards in caring for their residents. When a nursing home or other type of facility fails to do so, and injury to a resident occurs, the facility may be liable for those injuries. We know how to investigate your case, assess your situation and determine whether you or your loved one has any potential claims against nursing home staff or the nursing home itself. Contact Boller & Vaughan today and learn how we can help you through this difficult situation.


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