Medical Malpractice is not limited to medical doctors; it also includes hospitals and nursing homes. In a nursing home malpractice case, the failure to use reasonable care must be established. Reasonable care is defined as that degree of care or standard of care which a reasonably carefully person would use under like circumstances. So a nursing home's conduct would be compared to the conduct of other nursing homes in the same community. In a normal malpractice case, damages might include medical bills, lost wages, lost earning capacity, disability, pain, suffering, mental anguish and so forth. In a nursing home malpractice case, a resident in a nursing home will usually not have lost wages or lost earning capacity. Also many nursing home residents are already suffering some disability thus it is difficult to measure any increase in their pain and suffering caused by negligence on behalf of the nursing home. If you become suspicious of any mistreatment of a loved one at a nursing home, you should immediately document your suspicions and consult with a lawyer who has experience with this type of case.

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