A nursing home neglect claim can threaten a business’s financial stability and its reputation. It can also put an individual worker at risk of being crushed by a judgment rendered against them, leaving them financially devastated and effectively ruining their career. That’s why you have to aggressively defend yourself in these cases.
But figuring out the best way to do that can be difficult, especially when the claim filed against you appears convincing. But there may be multiple defense options available to you. One of the most effective could be arguing that the alleged victim had a pre-existing condition that accounts for the harm that’s been alleged.
How to raise a pre-existing condition defense
One of your first steps in building your nursing home neglect defense should be evaluating the alleged victim’s medical records. By doing so, you can spot any conditions that may account for what’s been alleged in the complaint.
It could be beneficial to talk to a medical expert about their opinion, too, so that you have a better understanding of how the pre-existing condition could’ve been exacerbated at your nursing home without any wrongdoing on your part.
Remember, to succeed on their claim, the plaintiff must prove causation, meaning that your negligent actions led to their harm. Arguing a pre-existing condition, then, may destroy their ability to prove causation. Just be prepared for the alleged victim to argue that your actions exacerbated their pre-existing condition, which, if left unchallenged, could lead to a judgment against you.
Build the effective nursing home neglect defense you need
There’s a lot on the line in a nursing home neglect case. You can’t sit back and just hope for the best. You need to be proactive in building an effective defense if you want to avoid a poor outcome. So, now is the time to consider your defense options and develop a legal strategy that maximizes your chances of success.
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