How negligent must a nursing home be for you to bring a claim?

| Jan 27, 2021 | Nursing home neglect and abuse

People send their loved ones to nursing homes because they can’t provide the right standard of daily support at home and they want their family members to be safe. Unfortunately, the people working in nursing homes often don’t receive competitive pay and may have no qualifications. Some companies even hire individuals with criminal backgrounds to work with vulnerable older adults.

When unqualified or abusive staff members fail to provide care for residents, the people living in nursing homes and their family members may want justice. Nursing home negligence claims are a way to take action in court even if the situation doesn’t justify criminal charges.

However, Connecticut’s laws on this matter are different from statutes in most other states. There is a higher standard for negligence in nursing homes. Learning about those standards can help you determine if your loved one’s situation is actionable.

Connecticut law establishes three levels of negligence

When trying to determine if your family can take legal action against a nursing home, you first have to try to quantify the neglect your loved one experienced. The category that the treatment falls into will determine what rights you have.

Under Connecticut Law, ordinary negligence is the most basic kind. It might involve failing to do what a reasonable person would in the same situation. Although the average person might be vulnerable to a negligence claim if their behavior constitutes ordinary negligence, those who work in nursing homes have protection under the state’s Good Samaritan law.

This law requires that claims against those who work in caregiving must involve severe forms of neglect. Gross negligence is the second category of negligence, and it involves a failure or omission more serious than casual inattention. Willful or wanton negligence is the most severe category, and it involves someone acting with disregard for the known dangers involved in their behavior.

If the treatment or neglect your loved one experienced qualifies as either gross or willful negligence, your family may have grounds to take action against the facility involved. Discussing the experience of your loved one and its impact on your family can be a first step toward seeking justice for the lack of care they endured.

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