Filing a wrongful death claim against a nursing home is a serious and emotional process. The legal standards in these cases can be complex, and understanding what you need to prove is crucial.
Understanding the burden of proof
In a wrongful death case, the burden of proof means showing that the nursing home’s actions or negligence “more likely than not” caused the death. Unlike criminal cases that require proof “beyond a reasonable doubt,” wrongful death cases have a lower standard. The evidence presented only needs to tip the scale in favor of the person making the claim. Even if the evidence is slightly more convincing than the opposing side’s, it can meet this burden.
Key elements to prove
To meet the burden of proof, the claimant must show certain key elements. First, they need to prove that the nursing home owed a duty of care to the resident, the responsibility to provide proper care and ensure the resident’s safety. This duty of care is the foundational obligation that nursing homes have towards all residents.
Establishing this duty is essential, as it forms the basis for demonstrating any breach. Next, they must show that the nursing home breached this duty, either through neglect, abuse, or inadequate care.
Why the burden of proof matters
Meeting the burden of proof in a wrongful death case is a critical step toward holding nursing homes accountable for their actions. With the right evidence, families can seek justice and ensure that the standards of care are upheld.
