Part of the role of a personal injury attorney is to assess whether or not a case is present. Our study of law and our experience in the courtroom helps us to decide whether it is possible to win a case. Not every case can be won though. Here is an example of a nursing home lawsuit where the nursing home won.
A man visited his mother in the nursing home. The mother, aged 96, complained of pain and winced when she was hugged. He thought that she might have fallen down and hurt herself. He also believed that she was improperly monitored when he discovered that the bed alarm had been dismantled.
However, the nursing home said that they were closely monitoring her and countered that if a fall had happened there would have been extremely improbable that she would have been able to get back into her bed unassisted. They also had documentation stating that she didn’t complain about any pain until the day after the visit. The nursing home believed that the hip broke itself due to advanced osteoporosis.
The jury that heard the trial agreed with the nursing home’s view of events and the suit was ruled in favor of the nursing home.
If you believe that your relative has been abused in a nursing home, speak to someone with experience in this matters and who will give you a fair assessment of your case. Speak with Schenk Smith Trial Attorneys if you live in the Atlanta area for a free consultation on your situation. We can help.