Rock Hill Nursing Home Unsanitary Living Conditions Lawyer
Proper hygiene is an important aspect of long-term care, and nursing home facilities must make it a top priority. Not only is keeping the nursing home clean the right thing to do, but failing to do so is a violation of federal law.
If you suffered from an injury or illness as a result of unsanitary living conditions in your nursing home, you might be wondering how to get the relief you need. It could be confusing to handle your case without an experienced personal injury attorney to guide you through the process. A Rock Hill nursing home unsanitary living conditions could help you take the first steps toward your legal recovery.
An unintentional tort occurs when someone causes harm to another person without intending to do so. Nursing home residents living in unsanitary conditions could use unintentional tort law, also known as negligence, to bring a basis for legal action.
Plaintiffs are required to prove four elements to bring a negligence claim. The first element is duty of care. Under the duty element, plaintiffs have to show that the defendant owed the plaintiff a duty of care at the time of the injury. Duties are imposed by job description, circumstance, or the law. Generally, people owe a duty to act with care to prevent an unreasonable risk of harm to others.
Under the second element, breach, plaintiffs must show that that defendant failed to adhere to their duty of care. Failing to provide sanitary living conditions through neglect would be an example of a breach. Element three requires that the defendant’s breach caused the plaintiff’s harm. Lastly, under element four, plaintiffs must show that they suffered actual harms or losses that could be compensated in court.
Seeking Compensation from a Rock Hill Nursing Home
A Rock Hill nursing home resident experiencing unsanitary living conditions might be able to pursue compensation from the responsible party, known in the legal sphere as damages. Losses such as emotional distress, pain and suffering, and loss of enjoyment of life are compensable in the form of noneconomic damages.
Plaintiffs can also seek economic damages. If they acquire a disease or suffer an injury caused by the poor hygiene of the facility, they could seek payment for their medical expenses and other monetary losses.
Plaintiffs may also seek injunctive relief, which is a remedy that either compels or prohibits a defendant from engaging in a certain type of conduct. The failure to provide sanitary living conditions for residents is both a violation of a resident’s rights and a form of neglect. Plaintiffs could argue that injunctive relief is appropriate because the unsanitary living conditions infringe upon their federal rights under the Nursing Home Reform Act.
Consult a Rock Hill Nursing Home Unsanitary Living Conditions Attorney
Federal law requires elder care facilities to provide sanitary living conditions for their residents. Poor sanitation can create a serious risk of preventable disease, and even simple infections can be devastating for the elderly.
If you or a loved one suffered an injury or illness due to a nursing home’s poor hygiene practices, you might be able to recover monetary damages. A Rock Hill nursing home unsanitary living conditions lawyer could help you on your quest to legal relief. Call Schiller & Hamilton today for a consultation.