Is anybody here a lawyer?

[DannyinJapan]

I am taking paralegal courses and I have a question about suing for negligence vs. suing for breach of contract in a nursing home neglect case...

 

[kronckew]

don't forget a proper ambulance chaser would not only sue the nursing home, but all the employees, all the suppliers of equipment, food, consumables, toilet paper, etc., all the visitors, and people walking or driving by, and all the corporations that made those vehicles. do not leave out the contractors that built the home, their suppliers, local, state and national regulatory agencies that should have prevented the neglect, and anyone else that might have money to pay your fee. and especially george bush who is ultimately responsible. better hurry up tho, when president for life obama sets up the federal agency for change, the change police will arrest all of the above and impound al their money for use by the presidential committee for change and political justice for the oppressed, starting with all those who are not loyal party members or who own them evil guns and sharp pointy things expressly forbidden by the new executive constitution...

 

[fishface5]

wow, someone needs to ease back on the meth!
R.e. the question, you'll need to find a lawyer familiar with the laws of the state at issue, since the particulars can vary a lot from one state to the next.

 

[Karda]

I am taking paralegal courses and I have a question about suing for negligence vs. suing for breach of contract in a nursing home neglect case...

Aside from them being two different scenario's....what is your specific question? it's hard to answer with generalities. while i'm no lawyer, i do have limited personal experience with taking care of aged parents and dealing with nursing home issues.

Neglect: get eveyone from from the OMBUDSMAN to the local agency for the aged involved, a doctor NOT affiliated with the nursing home and of course a damn good lawyer, preferrably one that specializes in this type of case.
bear in mind that you may prefer to remove your loved one to a better/ more accredited place during legal proceedings just to be/feel safe.

Breach of contract: Get a damn good lawyer specializing in this area, have the particulars investigated and sue them if it is proven that you have a case.

 

[Tim-Gabz]

First you need an Omani suit, chick black shoes and a thin black briefcase.

I deal with legal issues in the construction industry from contract to cases, but on a different continent. However research and protecting your back are paramount any where......

I would guess that as an overview:

Get the codes of conduct for the representative boards Drs/nurses and nursing homes and local government regulations. These form the statutory foundation for all other legal issues.


Contract, you need to establish what they were supposed to do as to what they actually did. It has to be a material difference. The contract is between client and defendant, however it may not go against or exclude statutory obligations. Have you got evidence?

Negligence. Ohhh a nasty one. This nails people's reputation and either people pay on the quiet or they fight tooth and nail. Firstly is it material? Establish what happened and if you believe that it was a lack of attention to duty along the lines of their professional duty then apply to the rulling board with evidence for comment. There should be boards for Nursing, Doctors and Nursing homes.


Do all enquiries in an enquiring and polite manner so that if you are not correct you don't get an action for libel against yourself. The responses will give you something to take to a lawyer to follow up and decide if there is a case.

 

[Roger Smith]

Do what I do. Pretend you're William Shatner, do some karate chop-whip around-Priceline moves. Look in the mirror and say "Denny Crane" a lot. Sit back in the evening and drink scotch with your good buddy over some good cigars.

I wouldn't listen to me BTW.

 

[Steely_Gunz]

Do what I do. Pretend you're William Shatner, do some karate chop-whip around-Priceline moves. Look in the mirror and say "Denny Crane" a lot. Sit back in the evening and drink scotch with your good buddy over some good cigars.

I wouldn't listen to me BTW.

Don't listen to him...he has the mad cow

 

[powernoodle]

Danny:

1) To prove negligence, you have to allege and prove each of the elements of negligence: 1) duty, 2) breach of that duty, 3) causation, and 4) damages. Causation means that the breach of the duty proximately caused the damages. If you cannot prove every element, you have not proven negligence. In a nursing home scenario, you might allege that the nature of the relationship between caregiver and care receiver gave rise to that duty of reasonable care, or that it arose by virtue of a written contract. Then you move on to the next element and prove that the duty was breached when the nursing home failed to provide reasonable care by doing XYZ. And so forth.

2) Proving breach of contract can be more complicated, as there are different flavors of contracts requiring differing types of proof. But generally you must demonstrate that there was a meeting of the minds (which is usually evidenced by a writing), exchange of consideration (i.e., you have to give the other party a promise or an act, and in return they must give you a promise or an act), and so forth. This should be spelled out for you in detail in your paralegal course.

3) don't believe what anyone in this thread tells you, including what I say. Ultimately you have to figure it out for yourself and know it so well that you can withstand someone who challenges you on it.

4) though beautifully drafted and magnificently executed, this is not legal advice.

:thumbup:

 

[DannyinJapan]

thank you. that is part of the answer i needed.from what i can see, there is no reason to prefer a BOc suit over a negligence suit..

 

[DannyinJapan]

Is a "health care liability claim" the same thing as "negligence" ?