Can a nursing home be held liable for emotional distress caused to a resident?

In California, nursing homes can potentially be held liable for emotional distress caused to a resident. In order for a successful claim, the resident must prove that the facility breached its duty to the resident by failing to use reasonable care in providing care. The resident must also demonstrate that the breach caused the resident emotional distress. When it comes to emotional distress, the nursing home will generally challenge whether the distress suffered was severe enough to qualify as an actionable injury under the law. To qualify, the distress must be severe in nature, such as terror, fright, grief, shame, humiliation, or exacerbation of a physical illness. The resident will also have to demonstrate that the nursing home was negligent in its care. This involves showing that the nursing home had a duty of care to the resident and that it breached that duty by failing to act in accordance with the expected standard of care. If a nursing home is found to be liable, the resident may be entitled to damages such as medical bills, lost wages, and emotional distress damages. To help prove the damages suffered, an attorney can help to collect medical records and witnesses who can provide testimony to show the emotional distress the nursing home caused the resident.

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Can a nursing home be held liable for emotional distress caused to a resident?

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