Baton Rouge, LA – Nursing homes are subject to certain regulations to ensure that people staying in their facility are treated properly and receiving adequate medical care. In addition to these administrative guidelines that are usually provided by a state agency or licensing board, there is a legal standard of care applied to healthcare professionals to avoid lawsuits. There is some overlap in these two regulatory areas, and evidence of any kind of improper care may show that both standards were violated. Victims who were harmed by this kind of mistreatment should document the incident and look into the possibility of taking legal action against the facility.
How does the standard of care affect a civil lawsuit?
One of the most important preliminary questions in any civil lawsuit is to determine the relevant standard of care. In general, most people are subject to a general standard of care to avoid causing harm and injuries to others. However, people in certain professions such as healthcare are held to a higher standard of care while working due to their background, training, and expertise. If an attorney for a victim wants to succeed in their civil case, they will need to prove that the defendant breached this standard of care when they caused the injury in question.
The elements of negligence
The first element of any civil negligence case is to show that the defendant did not meet the relevant standard of care. For healthcare providers, there are a number of ways that they can fail to meet this standard, because they are subject to a number of regulations. These regulations can be related to anything from administering medications, informed consent regarding a certain course of treatment, and performing surgeries and procedures without error. Because of the gravity of these situations and potential for permanent effects on the patient’s health, doctors, nurses, and nursing aides are normally held to a fairly high standard of care by courts. They may even purchase malpractice insurance to prepare for this possibility.
Consequences for breaching a duty of care
When a lawyer for a plaintiff shows that the duty of care was breached and all of the other elements of negligence were met, there can be serious financial consequences for the business or person at fault. They may have to pay for all of the victim’s costs related to healthcare, treatment, and anything else necessary to get their life back to normal.
Learning more from a civil attorney who focuses on injury cases
Law firms who routinely bring cases against individuals and businesses responsible for injuries are available to consult with victims in the Baton Rouge area. Miller, Hampton, and Hilgendorf is an experienced firm that assists people who have been hurt in nursing homes throughout Louisiana.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806