​​​​© 2016 Steven C. Kletzkin


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What is an Unavoidable Injury in a Nursing Home Case?

   An unavoidable injury is usually a defense to a claim of formation of decubitus ulcers when an action has been brought against the hospital or nursing care center. Essentially, the hospital or the nursing home center is claiming that the patient was so sick that there was nothing that could have been done to avoid the injury. 
                    More often than not ... in fact, in my experience, it's never been established that that center, the hospital or the nursing care center, has done every single form of treatment available to that patient to prevent the injury. Therefore, you can't establish that it was unavoidable because you haven't been able to show that you've tried to prevent it in every single way possible.