If your loved one was harmed in a nursing home, you may be preparing to file a negligence claim against the facility in question. However, you need to be ready for pushback; nursing homes often fight hard to avoid or minimize liability.
Understanding the common defenses they use can help you prepare and respond effectively.
1. Claiming they followed proper procedures
The nursing home may claim that its staff acted according to accepted care standards. They’ll point to policies, training and documentation to show that the care provided was reasonable. However, paperwork doesn’t always tell the full story. Witness statements, medical records and video evidence can help reveal whether proper care was actually given.
2. Blaming pre-existing conditions
Nursing homes sometimes try to blame injuries on pre-existing medical conditions. For instance, if your loved one developed bedsores or suffered a fall, the facility may argue it was unavoidable due to their overall health. While pre-existing health conditions can complicate care, they do not excuse neglect or failure to monitor residents properly.
3. Calling it an unavoidable accident
Some nursing homes say it was an accident that had nothing to do with negligence. They claim that despite their best efforts, incidents like falls or choking can occur in these settings. While it’s true that accidents do happen, many can be prevented with proper care and attention. What seems like an accident may be negligence if a facility has inadequate staffing, poor supervision or unsafe conditions.
Don’t let nursing homes dodge responsibility
Such defenses are only meant to shift blame or avoid accountability, and you don’t have to face them alone. If your loved one was injured or lost their life due to negligence in a California nursing home, speak with someone who can help you understand your rights and take steps toward getting justice.
