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Holding nursing homes accountable when injuries occur

Tragedy can strike at any time for Pottsville residents. As discussed last week in this blog, no person is immune from being the victim of a medical error, whether they are of advanced age or just a baby.

While any person can be the victim of medical malpractice, so too can a person suffer harm at virtually any time and any place. Whether it is at a regular doctor check-up or during an emergency surgery, medical mistakes can happen at any time.

Likewise, medical injuries can take place in different environments. Individuals who are cared for in a nursing home, for example, may find themselves the victim of a nursing home injury when caregivers do not act properly. This may take place when a doctor or other caregiver does not provide correct medication, recognize symptoms of a serious illness or when some other nursing home error takes place.

Like other kinds of medical negligence actions, a person injured in a nursing home must demonstrate the nursing home or its employee breached a duty of care that they were bound to follow. The person must also show the injury he or she suffered was caused by this breach of the duty of care.

Expert testimony is often needed to establish these issues, as in other cases. For example, an expert can testify as to what is the proper practice or treatment that should have been provided, and how the improper treatment injured the patient. By establishing these elements, the injured person can hold the negligent party responsible and obtain an award of compensation.

Source: Findlaw, "Nursing home abuse claims," accessed on June 2, 2016

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