Affirmative Defenses in Cherry Hill Nursing Home Abuse Cases
Within the framework of the legal system, an affirmative defense is a fact or set of facts that the defendants will argue to either defeat the charge or mitigate the damages that a prosecuting attorney is trying to argue they are responsible for.
To understand which affirmative defenses, if any, would be relevant in your Cherry Hill nursing home abuse case, consult with an experienced lawyer as soon as possible. A knowledgeable nursing home abuse attorney could help attain any compensatory damages your family may be entitled to.
Common Affirmative Defenses against Nursing Home Abuse
When a prosecutor is making their arguments in nursing home abuse cases to prove their case, they must demonstrate that the facility deviated from the applicable standard of care. The defendant’s affirmative defenses would attempt to show that they did not deviate from the standard of care — that this is what the standard of care required, and they acted accordingly.
Affirmative defenses can also be used to argue the cause. Prosecutors who successfully prove that there were deviations from the standard of care must also demonstrate that that deviation was the proximate cause of the resident’s injury. Many times, the defendant in a Cherry Hill nursing home abuse case will claim in an affirmative defense that the resident’s medical condition in question was not caused by the deviation.
A Cherry Hill Attorney’s Response
An experienced attorney on our team could effectively respond to any affirmative defenses that a defendant may produce during a nursing home abuse case. First, they can prove the case with experts, whether they are liability experts or medical experts, whose professional testimonies defeat these affirmative defenses through sound reviews and medical evidence.
The other way an attorney can respond to affirmative defenses in Cherry Hill nursing home abuse cases is through cross-examination of the experts that the defendants have provided to support their affirmative defenses and poking holes in those arguments. It takes the skills of a seasoned legal advocate to successfully refute affirmative defenses in a nursing home abuse case.
Let a Cherry Hill Attorney Help Refute Affirmative Defenses in a Nursing Home Abuse Case
An individual should not hesitate to hire an experienced lawyer, because these nursing home cases can be extremely difficult. This is especially true with affirmative defenses being involved, experts being required, and the affidavit of merit statute.
If someone tried to navigate their way through the legal terrain on a nursing home case that did not have experience, the results could be horrific. The person could have their case dismissed, or the person could miss things. There are so many details that apply to these types of cases that require someone who has the experience in handling them. Let our team of lawyers help you effectively refute any affirmative defenses made in your Cherry Hill nursing home abuse case. Call today to learn more about how our firm can help your family in this difficult time.