- June 22, 2011
- In abuse/neglect Attorney
Different Types of Orange County Nursing Home Abuse/Neglect, Part 2
In <Different Types of Orange County Nursing Home Abuse/Neglect, Part 1>, we discussed two categories your nursing home abuse or neglect case might fall into and what special considerations your Orange County nursing home attorney will need to make for each. In this article, we will discuss two more situations that may apply.
Willful Misconduct Cases
The damages you can recover in a willful misconduct case are potentially greater than those in a case involving neglect or medical error. This is because you may be able to collect “punitive damages” (damages intended to deter the defendant from engaging in similar bad conduct in the future). If willful conduct is especially egregious, a jury will be likely to award higher damages than in a case they believe involves an honest mistake by the defendant.
Simple Negligence Cases
Simple negligence cases are one of the most common kinds of nursing home cases. Nursing home slips and falls generally belong in this category. Unlike willful misconduct cases, they don’t involve outrageous behavior by the defendant. Sometimes, the defendant may even be able to successfully place some or all of the blame for the injury on the plaintiff. Some nursing homes have learned to “cover their tracks” to make it appear that these injuries are not their fault. These cases can be harder to prove, so it is especially important that you hire an experienced Orange County nursing home attorney if your case falls into this category.
An Orange County Nursing Home Attorney Can Help
If you or a loved one have been injured in a nursing home, you may be eligible for a financial award to offset your medical expenses and to compensate you for your pain and suffering. Please call Orange County nursing home attorney Samer Habbas at (888) 848-5084 for a free case evaluation.
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