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Negligence must be proved in medical malpractice claims

Alabama assisted living facilities and nursing homes are not just residential holding quarters for incapacitated elderly citizens. They are also medical providers who are relied on by the residents  and their families to provide professional care that does not fall below the minimum required standards. When a nursing home employee or administrator provides negligent medical care that results in personal injury or death to the resident, a claim for medical malpractice damages accrues either to the injured person or to his or her estate in the event of that person's death.

A recent example occurred in another state where court documents indicate that several people filed lawsuits against an assisted living facility. In one case, suit was filed by the estate of a deceased resident who was killed when she was riding in a vehicle with three other residents. The driver is alleged to have been the owner of the assisted living facility. The complaint alleges that he was the cause of a car accident that killed the resident, and that he and the facility are liable for wrongful death damages.

In the foregoing case, the claim does not likely pertain to medical malpractice but is instead a claim arising out of the negligent operation of a motor vehicle. In another lawsuit against the same South Carolina facility, the estate of a deceased woman claims medical malpractice against the institution. The specifics of the claim are unclear but it is alleged that the facility did not give competent medical attention and treatment to the woman. The complaint indicates that she had bodily injuries when she entered the facility and that they became worse and ended in her death. 

Reports have surfaced that the state government investigated the same facility in January and issued citations against it for not administering medications correctly, not maintaining patient records and not feeding residents properly. There were similar violations and hefty fines in 2014 against the facility. In Alabama and other states, medical malpractice claims against nursing homes and assisted living facilities are essentially based on issues of negligence and whether an adequate level of care was provided to the resident.

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Negligence must be proved in medical malpractice claims | The Mazur Law Firm