An ever-growing number of lawsuits are being filed over nursing home neglect. There are a few common situations in which people choose to sue a nursing home for negligence.
What Claims Are Common for Nursing Home Neglect?
Nursing home neglect
can constitute a number of different things, including accidents, intentional acts, and even failure to act. Here are a few all-too-common examples of this kind of negligence that can result in the nursing home getting sued.
First, the failure of the nursing home facility and staff to keep its premises safe and hazard-free. This means that the facility and the staff are both legally obligated to clear any physical dangers that could cause slip and fall accidents and the like. Also included under this umbrella is keeping residents physically safe from each other—basically, if staff are aware of a danger, or they should be aware given reasonable diligence, they are responsible for it.
Nursing home facilities may also be held liable for negligent supervision of residents who end up injuring themselves, such as if they fall. Unexpected deaths have also been attributed to nursing home abuses.
The failure to maintain adequate health and safety policies is another common claim and includes things like keeping residents’ rooms and common areas clean and sanitary.
Is the Nursing Home Liable for an Employee’s Actions?
Another common claim in nursing home litigation is the negligent hiring of an employee who eventually neglects, abuses, or harms a patient. Obviously, the employee themselves is responsible for their actions, but so too is the company who hires the employee without proper training, supervision, or potentially even background checks that allowed the employee’s actions.
The failure to provide residents with adequate medical treatment is a common reason that people sue a nursing home for negligence. Medical treatment should be in line with the standard of care under the circumstances. In some cases, if failure to provide adequate medical care results in harm to the resident, a medical malpractice case may also be possible, either against the facility itself or against a specific medical professional responsible for the resident’s treatment.
What Constitutes Elder Abuse?
Negligence is just one of the types of abuse included in elder abuse laws. Others include physical abuse, sexual abuse, and abandonment.
Should I File a Nursing Home Negligence Lawsuit?
There are federal laws in place to protect elder patients from abuse and neglect in nursing homes and hospitals alike. Signs of negligence in long-term care facilities can include bedsores, illness, infection, and dehydration. In the worst cases, injuries caused by neglect or abuse may actually lead to the patient’s death. In these cases, family members may choose to file a wrongful death lawsuit.
If someone you love has been harmed or endangered in their nursing home facility, you may be able to file a lawsuit. Filing a lawsuit can seem like a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.
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