Nursing home abuse lawsuits are often filed as medical malpractice actions. That’s because the cases involve the failure of medical staffers – certified nursing assistants, registered nurses and doctors – to abide by the applicable standard of care. The reason why it is important to distinguish between medical malpractice claims and those involving general negligence is that the process for prevailing on a medical malpractice claim is far more involved. Medical malpractice lawsuits require expert witnesses willing to attest that the medical professionals who are defendants in your case did not meet the basic standards of care, and therefore breached their duty to the patient and should be accountable for resulting injuries.
This is a stricter standard than general negligence.
In a recent case out of Georgia, a state appellate court has revived a lawsuit against a physician in a small-town nursing home over the treatment of a patient who died after suffering from an infection at the facility stemming from an untreated pressure sore. Continue reading →