×
Blog Categories
Negligence Per Se – nursing home abuse – Nathan Hughey Categories
`

Negligence per se in #nursinghomelitigation

By Nathan Hughey

Negligence per se is negligence arising from the violation of a statute. To recover for negligence per se, a plaintiff must show that the essential purpose of the statute was to protect the resident from the kind of harm that the resident suffered and that the resident was a member of the class of persons the statute intended to protect. See Rayfield v. Dept. of Corrections, 297 S.C. 95, 374 S.E.2d 910 (Ct. App. 1998). This is a major issue in nursing home litigation, due to the array of federal and state nursing home statutes and regulations that govern skilled nursing facilities.

In South Carolina, a nursing home must swear under oath it will comply with state regulations in order to get a license. When it fails to do so, this can trigger negligence per as and get the issue of punitive damages to a jury.

Contact nursing home attorney Nathan Hughey with your claim.

20131010-214702.jpg

Nursing Home Lawyer Mount Pleasant & Auto Accident Attorney Charleston

Injured? Free Initial Consultation.
843-881-8644 | 1-877-811-8644

Firm Address: 1311 Chuck Dawley Blvd. Suite 201 | Mt. Pleasant, SC 29464
Hughey Law Firm is South Carolina’s Injury Law Firm.
Real Lawyers. Real Results.

Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.