- July 31, 2012
- In abuse/neglect Attorney
Another common defense used in nursing home abuse cases is an appeal towards the fact that the elderly often die of natural causes. If the defendant’s attorney does not outright claim that an elderly victim died of natural causes, he may try to insinuate that the victim would have died soon regardless, in an attempt to downplay the damage caused by the defendant’s wrongdoing.
An experienced Orange County personal injury attorney will know to respond to this defense with evidence of the plaintiff’s health. Specifically, the attorney will impress upon the jury that it was not the victim’s “time” to die, and that it is not the defendant’s place to determine when that time will be.
Furthermore, if there is evidence that the victim was otherwise in good health, the attorney should use it to refute the defendant’s position. To this end, the attorney might ask any expert witnesses he might have secured for the case how long they would have expected the victim to have lived. Such a prediction should factor into the expert’s evaluation of the causation and damages of the defendant’s abuse or neglect. The attorney should also investigate any evidence that the defendant’s actions or lack of action directly and adversely affected the victim’s good health and lead to death.
If you have had a loved one die due to a nursing home’s abuse or neglect, your family deserves proper compensation. To schedule a free initial consultation with experienced Orange County personal injury attorney Samer Habbas, call (888) 848-5084.
Tags : nursing Home Negligence