Nursing Home Negligence and Abuse: Who Is Liable?
“Nursing home negligence and abuse occur when residents living in long-term care facilities suffer harm due to their caregivers’ negligent or intentional acts.”
Everyone with a loved one residing in a nursing home expects the facility and its staff to provide excellent care and treatment. However, the unfortunate reality is that cases of elderly neglect in nursing homes and elder abuse do occur, and the elderly individuals residing in these homes are more at risk than most people realize.
What is Nursing Home Negligence and Abuse?
Nursing home negligence and abuse occur when residents living in long-term care facilities suffer harm due to their caregivers’ negligent or intentional acts. This harm can include physical, psychological, sexual, or financial harm.
Physical Abuse:
Physical abuse is a form of elder abuse that can occur in nursing homes. It includes acts of physical harm, such as pushing, shoving, hitting.
Psychological Abuse:
Psychological abuse occurring in nursing homes can include yelling at residents, taunting them, and purposefully humiliating them. It can also include acts of manipulation and withholding important items like the resident’s mail or visitors.
Neglect
A nursing home and its staff can be responsible for neglecting residents by failing to provide necessary medication, performing infrequent check-ins, not moving residents as needed to prevent bedsore injuries, and other acts or omissions that cause injury to residents. Nursing home neglect can lead to catastrophic and long-lasting injuries for which the nursing home may be legally liable.
Sexual Abuse
Sexual abuse in nursing homes includes forcing a resident to perform a sex act without their consent. It is important to note here that some residents are unable to give consent at all due to dementia or other medical conditions.
Financial Exploitation
Financial exploitation of elderly residents in nursing homes can include manipulation of the resident for financial gain. For example, a staff member may manipulate a resident into giving them money, gifts, or other favors.
Who is Liable for Nursing Home Negligence and Abuse?
Nursing home facilities owe a duty of care to residents. This means that due to the nature of services they provide to residents, they must make sure that certain needs of residents are met. Nursing homes must ensure that residents have food, shelter, medical care and that the hygiene needs of residents are taken care of.
Since nursing home staff members care for residents by preparing food, assisting with therapies and physical activities, and also provide medical care, there are many different situations in which a resident may suffer an injury or experience abuse.
When a nursing home or members of the staff breach the duty of care that they owe to a resident, they can be held liable for the injuries that they caused, either intentionally or negligently. There can be a breach in the duty of care a nursing home facility owes a resident in a number of different ways. For example, a nursing home can be held liable for injuries caused by:
- inadequate care
- negligent hiring of employees
- inadequate supervision of employees
- improper maintenance of nursing home facilities
- other negligent acts or omissions.
Residents of nursing homes may suffer injuries due to the actions of staff, nursing home malpractice, or as a result of a policy or an ongoing practice at the facility.
How Can a Lawyer Help Me in a Nursing Home Neglect Case?
“Residents of nursing homes may suffer injuries due to the actions of staff, nursing home malpractice, or as a result of a policy or an ongoing practice at the facility.”
An experienced nursing home negligence attorney can help your case by using court rules and procedure to require the nursing home to produce all of the evidence, some of which may be beneficial to proving your case. If you or a loved one suffered an injury while residing in a nursing home, it is crucial to speak with a nursing home neglect attorney as soon as possible. There are strict deadlines by which a case must be filed in court, so it is best to address this matter sooner rather than later to make sure your case is filed on time.
The Arizona Nursing Home Negligence Attorneys of Goodnow McKay
The Arizona nursing home negligence and abuse attorneys of Goodnow McKay have spent years fighting for compensation for the victims of nursing home negligence. Our attorneys are committed to making every effort to achieve the best outcomes for their clients.
With many years of experience and strong advocacy skills in the areas of elder abuse and nursing home negligence law, Goodnow McKay is here to fight for the compensation that you deserve. Contact our office today to schedule a free consultation to meet with one of our attorneys so that you can move forward with your nursing home negligence case as soon as possible and get justice in the form of a fair settlement.
