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Is it negligence or neglect?

Negligence is defined as the failure to exercise the degree of care that a reasonably prudent medical provider would exercise under the same or similar circumstances. This is the same standard of care that applies in many tort cases. If a case involves negligence that can be proven to have resulted in injury, the plaintiff is entitled to obtain his or her actual damages.

Neglect is defined as a pattern of contact or inaction by a person or entity with a duty of care to provide the goods and services that maintain the physical or mental health of a vulnerable adult, or a failure to avoid or prevent physical or mental harm of a vulnerable adult; or an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of the consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult’s health welfare or safety including but not limited to conduct that endangers a vulnerable adult through the exposure to or production of methamphetamine. If a case involves neglect that can be proven to have resulted in injury the plaintiff may obtain his or her actual damages plus reasonable attorneys’ fees. The same is also true if a case involves abuse of a vulnerable adult. Abuse is defined as the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. Abuse include sexual abuse, mental abuse, physical abuse, and personal exploitation, and improper use of restraint against a vulnerable adult.

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Please call (425) 679-0742 or contact The Hornbuckle Firm today to schedule your free nursing home abuse and neglect consultation. The firm has litigated cases in Washington, Tennessee, and Texas. We accept cases from all states across the country.