What Families need to know about Nursing Home Liability

With so many reports of nursing home abuse and elder abuse in the United States, many families have questions about nursing home liability in the event that their loved one is abused or injured in a nursing home facility. State and federal laws speak clearly about nursing home liability, including strict standards of care and the rights of nursing home residents.

Section 42 of U.S. Code indicates that nursing homes should provide residents with a quality of life "in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident". Additionally, nursing homes are required to provide residents with the highest practicable services in the way of mental, physical and psychosocial health and wellbeing.

Unfortunately, nursing home is a pervasive problem throughout the United States. Ranging from neglect, financial exploitation, physical abuse and sexual assault, bedsores or decubitus ulcers, families need to be aware of the questions to ask before determining which nursing home is right for your loved one.

Nursing Home Liability for Elder Abuse and Neglect

Individuals living in a nursing home have the right to high quality care provided from well-trained staff. Unfortunately, there are far too many instances of elder abuse inside nursing homes today. Nursing homes can be held legally liable for any abuse, negligent acts, or neglect experienced by a resident. This includes:

  • Negligent hiring of inadequately trained staff
  • Negligent supervision of staff members and residents
  • Failing to properly train staff members
  • Failing to maintain health and safety policies in accordance with state and federal laws
  • Failing to maintain a hazard free environment and facility
  • Failing to provide medical treatment in a timely manner

Nursing homes failing to comply with state and federal guidelines are subject to investigation, fines, civil lawsuits, criminal charges against individual staff members, and additional consequences.

Nursing Home Abuse and Neglect Should Never go Unnoticed

Defining and proving nursing home abuse can be complex, and the process can exacerbate an already emotional circumstance for the families involved. It is, nonetheless, crucial that nursing homes be held accountable for their actions, and the actions of those whom they employ. Any action that fails to maintain a resident's overall safety and wellbeing and results in an injury should be carefully examined to determine if negligence or abuse was a contributing factor.

By consulting with a medical malpractice attorney who is experienced in nursing home abuse, you will be able to discuss your rights and determine whether or not you have a claim against a medical provider or facility for abuse or negligence.

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