The Financial Difficulty Defense
Nursing homes accused of elder abuse will often rely on a number of readymade excuses to defend themselves. An experienced Cleveland nursing home attorney will challenge their claims by finding the facts and holding them accountable for their actions.
A Cleveland Nursing Home Attorney Explains the "Poor Us" Defense
Nursing homes accused of abuse or neglect will often insist that they provided the best care possible given their financial difficulties.
Even if this argument is true, it is generally not applicable to their liability for non-punitive damages. The central question in a negligence case is whether the defendant violated the standard of care. An insufficient financial resource is not an acceptable defense to a negligence claim, and the standard of care will not be relaxed for a nursing home because it is not a giant corporation.
Nevertheless, if the plaintiff sues for punitive damages by alleging that the nursing home cut staff to make more money, the defense will try to present evidence that they were understaffed due to “financial hardship.” A Cleveland nursing home lawyer can address this defense by conducting discovery into the nursing home's budgetary decisions, focusing especially on the salaries made by home administrators and executives. If management is paid millions of dollars in salary, then it will be difficult for the nursing home to argue that it could not spare $50,000 to hire additional staff.