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Rights of Nursing Home Residents
Wrongful Death: An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (e.g. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death.
Medical Malpractice: A dereliction from medical professional duty or failure to exercise an accepted degree of medical professional skill or learning rendering medical services which result in injury, loss, or damage.
Serious Injury: Injuries that result in one or more of the following conditions: Requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received, Results in a fracture of any bone (except simple fractures of fingers, toes, or nose), Involves lacerations that cause severe hemorrhages, nerve, muscle, or tendon damage. Involves injury to any internal organ, or Involves second or third degree burns, or any burns affecting more than five percent of the body surface.
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