Elder Abuse Wrongful Death Claim Filed
After a man was killed in a nursing home fire, his family member filed an elder abuse wrongful-death lawsuit claiming the facility lacked adequate fire prevention systems and the power to deal with an emergency situation.
The suit claims the defendants didn't have an operable sprinkler system, fire extinguishers, smoke detectors and alarms. The facility's staff also allegedly did not follow proper procedures when dealing with the fire.
This situation likely also involves elements of a nursing home and elder abuse case, as the staff allegedly did not follow proper procedures. Nursing home and elder abuse is actionable when a nursing home patient is not given proper care and suffers injuries or death from such neglect. By visiting, you will find more information about nursing home abuse.
Generally to prove a cause of action against a nursing home for injury or death of a patient the following need to be established:
1. the existence of a duty owed by the nursing home to the patient;
2. the standard of care applicable to the nursing home governing its care and treatment of the patient;
3. the nursing home's breach of duty to the patient by failure to adhere to the applicable standard of care;
4. injury to or death of the patient; and
5. a proximate causal relationship between the nursing home's breach of duty and the patient's injury or death
Often times in a Missouri nursing home or elder abuse case, nursing homes attempt to prove one of the following in their defense against the plaintiff to disprove liability:
• The nursing home's conduct was in conformity to the applicable standard of care
• There was no proximate causal relationship between the nursing home's conduct and the patient's injury or death
• The patient's negligence was a factor contributing to injury or death
If you have any questions or concerns involving St. Louis personal injury cases or nursing home abuse or any other liability questions, I am happy to discuss your case with you and answer any concerns you may have.
If requested, I will immediately and aggressively take action in your case. The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.injuredclient.com for more information.
