Excerpts from Mary Cooper's statement to the poor law inspector at the official inquiry into her son's death in the Isle of Wight workhouse, 1877.
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First, facts matter. And so trying to paint with a broad brush can be tricky. However, it is clear that in a nursing home negligence case, you must show a breach of the standard of care. And if there is a breach in the standard of care, then damages that flow from the breach are recoverable. In nursing homes neglect cases, you generally need an expert to testify as to the standard of care. Usually, it is a nurse expert, but sometimes you need experts to establish standards of care for wound care, nutrition, or other disciplines. Also, nursing home residents all tend to have several complicating medical conditions and a string of diagnoses that will be used to attack damages. Defense attorneys will seek to argue that a pre-existing medical condition caused the damages at issue. And, too many times there are no witnesses to the cause of an acute injury. So, proving damages can be a challenge.
Orignal From: medical negligence under the new poor law
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