Prior Conduct in Nursing Home Litigation
Introducing past accidents or incidents is very valuable in a nursing home claim. These prior incidents can help establish that the circumstances leading to the injury were foreseeable. Prior conduct can also show that the nursing home facility knew of the potential for an injury. Showing that the injury was foreseeable and that the facility had notice of the potential for injury not only helps to establish the elements of negligence, but could also satisfy the necessary requirements of a punitive damages claim.
Indeed, the foreseeability of an injury or accident is vital to a nursing home negligence claim. The best way to show that an accident or injury was foreseeable is through past incidents. Specifically, these prior incidents can show show something was likely to occur rather than a freak accident. The more similar the prior incident is to the injury in question the more the past conduct will help the claim. However, It is not required that the incidents are identical only that there are similar enough that foreseeability can be inferred.
Prior incidents can also show that the nursing home was on notice of a defect in its facility or staffing. These incidents are often reported in a statement of deficiency from the state that can serve as documented evidence of negligence. Most importantly, prior incidents can also serve as a basis to award punitive damages.
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.
