At Holden Litigation
We Play To Win
At Holden Litigation
We Play To Win
At Holden Litigation
We Play To Win

How to defend against a nursing home negligence claim

On Behalf of | Jan 31, 2023 | Nursing Home & Elder Law Litigation

Allegations or claims that residents in a nursing home facility are neglected or suffer abuse can be damaging to its reputation, not to mention the potential legal and financial penalties if found culpable. Some facilities never recover after such claims.

Therefore, it is advisable to understand what you need to do in the wake of such claims and what you can do to protect your interests. Below are some helpful tips.

Get to the bottom of the matter

It is crucial to treat all claims of negligence urgently. Establish all relevant facts for claims against a staff member or the facility that could point to a breach of duty of care. 

In some instances, the reasons behind the claim may not amount to negligence, but you may never find out if you do not investigate the claim. Most importantly, do not attempt to cover up for anyone or sweep matters under the rug.

Explore your options in settling the matter

The end goal here is to resolve the matter most efficiently and cost-effectively without exposing yourself to unnecessary liability. It is worth looking into settling a valid claim early enough rather than dragging the process to litigation.

Prepare for anything

A court date is a real possibility when dealing with a nursing home negligence claim. You should be prepared for such a prospect in case negotiations do not bear fruit. 

A lot happens in a nursing home negligence lawsuit, from when it is brought to court to its conclusion. In a nutshell, a jury will assess the merits of the claim, determine whether negligence occurred, and award damages accordingly.

Given the likelihood of this happening, it is crucial to seek informed counsel as soon as you get wind of a negligence claim or allegation against your facility. That way, you will be best guided on the best response that will help secure your interests.