Nursing facilities have the potential to protect the residents and give them adequate care. Nonetheless, many patients experience abuse or neglect by other residents, carers, and nursing home staff. In this case, you can make the nursing home accountable for your loved one’s suffering. If you need a lawyer to fight for your case, click here.
Can you hold a nursing home liable for abuse?
In case a resident suffers an injury due to one of the following reasons, nursing care authorities may be held accountable:
Exposure to a hazardous environment
Responsibility for injuries resulting from facility conditions might apply to a nursing home. For patients’ safety, nursing homes must keep their premises free of known risks or hazards that staff members should have been aware of.
The nursing home can be held accountable for failing to provide patients with appropriate protection when someone else’s negligence or intention injures a resident.
A nursing home may face legal consequences if it fails to do a background check before employing a staff member, carer, or nurse with a history of abuse.
Nursing homes need help keeping suitable staff members because the jobs are challenging and often do not pay well. This results in a need for more staff to meet the requirements of the residents, which raises the probability of accidents.
Staff employees need to be trained and qualified for their roles to care for residents properly. A nursing home may be held responsible for the injuries if staff members are not adequately trained in patient care.
Nursing facilities may be held liable for incidents brought on by errors made in administration, such as insufficient supervision. To prevent slips and accidents, residents must be carefully tracked. Staff members must also be under close surveillance to monitor their behavior and correct disobedient employees.
The nursing home may be held responsible if a nurse or staff member gives a resident an incorrect type or dosage of medication. Inadequate administration of psychiatric medications or physical restrictions meant to maintain resident control may bring nursing homes liable.
Elements of negligence
Duty of care
It must be demonstrated that the nursing facility gave the victim a duty of care.
Breach of duty of care
The nursing facility violated its duty of care by giving residents subpar care below the industry standard.
Injury sustained by a resident due to abuse or neglect must be causally related to the nursing home’s breach of duty.
The nursing home’s incompetence hurt the patient, and they had to pay for their medical expenses and other financial losses.