Admissibility of Survey and Report Results in Nursing Home Litigation

Admissibility of Annual Survey and Report Results in Cases / The Steele Law FirmSurvey and Report Results

Nursing homes must submit to an annual survey to be licensed by the state where the facility is located. The surveys occur more frequently if the facility has a special license or has had a complaint filed against it. The results of these surveys may provide valuable evidence of past behavior in developing a claim against a nursing home. For instance, this evidence can establish that the nursing home facility knew or should have known about the issues that led to the injury in question.

Survey results are usually admissible under the doctrine of negligence per se. Under the doctrine of negligence per se, a plaintiff must prove only a violation of a statute or administrative regulation to satisfy the element of “breach.”   In Missouri, the plaintiff must also show that the injured person was a member of the class the statute intended to protect, that the injury was the type intended to be prevented, and that violation of the statute was the cause of the injury.

Statements of Deficiencies, Correction Orders or reports involving Immediate Jeopardy are also likely admissible under the negligence per se theory as well. All these documents can help show that the violation of a statute was the cause of the plaintiff’s injury.

Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.