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Proof of loss in nursing home negligence

One of the biggest decisions family members in Massachusetts may make is choosing to move a loved one into a nursing home. When the choice is made, it is often done so with a lot of planning and consideration. However, no matter the amount of planning that goes into it, there can still be instances where medical professionals working in nursing homes act negligently. Nursing home negligence can have devastating consequences and can result in injuries. In the worst-case scenarios, fatal injuries may occur. When this happens, victims and their families have rights.

There are a number of damages that can result from nursing home negligence. These include mental suffering, disfigurement, shortened life expectancy, loss of enjoyment of life, punitive damages, structured settlement and damages recoverable by heirs, survivors or dependents. Each of these damages contain different elements that must be proven.

For example, in order for survivors, heirs or dependents to recover damages, certain elements must be proven that may include a loss of consortium or relationship, a loss of parental advice and guidance, mental anguish and grief, or funeral and burial expenses. The damages differ for other types complaints. For instance, monetary damages may be awarded for mental suffering when there is anxiety about the victim's physical health and wellbeing, the victim fears increased vulnerability for future injury or when the victim suffers post-traumatic stress disorder.

Proving nursing home negligence can be complex. However, attorneys are available to assist with the process. Victims and their loved ones may desire to consult with a personal injury attorney in order to determine what kind of legal action may be appropriate and how to best pursue this action.

Source: FindLaw, "Proving a complaint against a nursing home," Accessed on April 17, 2017

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