Nursing homes owe a very high duty of care to residents and their safety. Failure to provide the appropriate treatment, care, goods, or services expected of them to maintain a resident’s health is considered negligence. When a nursing home’s negligence is responsible for your loved one’s abuse, you have the right to hold the nursing home liable. Grounds for a nursing home abuse lawsuit against a facility commonly arise from:
- Negligent hiring of staff (e.g., failure to perform background checks)
- Lack of or improper training of staff.
- Failure to monitor staff properly.
- Intentional abuse by staff members (vicarious liability).
- Failure to provide adequate security.
- Failure to provide daily necessities (e.g., food, water, personal hygiene, clean living conditions, etc.).
- Failure to prevent or treat bedsores.
- Failure to provide medication, proper dosage, or regular doctor visits.
- Failure to provide adequate supervision, assistance, or devices to prevent accidents.
- Restraining a resident unreasonably or dangerously.
Elder abuse is often a result of stressed and overworked caregivers or even fellow nursing home residents. However, the facility itself is responsible for your loved one’s health, safety, and wellbeing. When someone you love is injured in their nursing home, you have the right to know who caused their injuries and who is liable. An attorney can help you identify the at-fault party and hold them accountable.