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When you suspect that your loved one suffered harm because of neglect or abuse, pursuing legal action can feel like the only way to obtain accountability. However, if you file a claim, the nursing home and its insurance company can raise affirmative defenses to nursing home abuse cases in Philadelphia. Working with a proactive nursing home abuse attorney will help you understand these defenses and build a stronger case from the beginning.
Nursing home litigation is a complex area of personal injury law involving medical records, facility policies, staffing practices, and expert testimony. Lowenthal & Abrams, P.C., understands the challenges these cases present and can thoroughly investigate the circumstances surrounding the injury to identify evidence supporting your claim. Pennsylvania’s statute of limitations generally requires personal injury lawsuits to be filed within two years, although certain exceptions apply.
What Are Some Common Affirmative Defenses in Nursing Home Abuse Cases?
An affirmative defense is a legal argument that accepts certain facts alleged by the plaintiff but asserts additional facts that limit or eliminate liability. In Philadelphia nursing home abuse cases, facilities frequently rely on these defenses to challenge responsibility for the resident’s injuries.
Some of the more common defenses include:
- Alleging that the resident’s medical condition, rather than negligent care, caused the injury
- Arguing that pre-existing illnesses or chronic conditions were responsible for the resident’s decline
- Claiming the injury resulted from an unavoidable accident despite appropriate supervision
- Contending that another healthcare provider or third party caused the harm
- Asserting that the resident or family declined recommended treatment or care
- Challenging whether the plaintiff has sufficient evidence establishing causation
Each defense requires careful examination of the available evidence. Medical records, staffing schedules, surveillance footage, inspection reports, and witness testimony all play an important role in determining whether the nursing home’s explanations are supported by the facts.
Responding to the Nursing Home’s Defense
Successfully responding to affirmative defenses in Philadelphia nursing home abuse cases requires more than simply disagreeing with the nursing home’s position. An attorney will need to demonstrate how the evidence establishes that negligent parties failed to meet the applicable standard of care and that those failures caused the plaintiff’s injuries.
Many abuse cases also involve reviewing state and federal regulations governing long-term care facilities. Violations of these requirements help establish that the facility failed to provide the level of care residents are entitled to receive.
Building a Strong Nursing Home Abuse Claim
The strength of the case often depends on the quality of the evidence collected soon after the injury occurs. Documentation can become more difficult to obtain as time passes, making early legal representation especially important.
Evidence that can strengthen a nursing home abuse claim includes:
- Medical records documenting injuries and treatment
- Photographs of visible injuries or unsafe conditions
- Facility policies and employee training records
- Inspection reports and prior regulatory violations
- Statements from employees, residents, and family members
- Expert medical opinions regarding the applicable standard of care
An attorney from Lowenthal & Abrams, P.C., will evaluate whether the affirmative defenses raised in Philadelphia nursing home abuse cases are supported by the evidence and develop a strategy to challenge unsupported allegations. Thorough preparation can significantly improve the ability to present a persuasive claim.
Speak With a Philadelphia Attorney About Affirmative Defenses to Nursing Home Abuse Cases
If you believe the nursing home will attempt to avoid responsibility for your loved one’s injuries, understanding affirmative defenses to nursing home abuse cases in Philadelphia is essential. An experienced attorney can evaluate the facts, anticipate common defense strategies, and work to protect your interests throughout the litigation process.
For guidance from a knowledgeable lawyer, contact Lowenthal & Abrams, P.C., today. The firm will review your case, explain your legal options, and help you pursue the compensation you deserve from the negligent parties.
