Suing A Nursing Home For Negligence

When loved ones or relatives sends an elderly to a nursing home facility, there is an assumption that the senior citizen will be taken cared of and provided the care they require for their age. However, as Karlin, Fleisher & Falkenberg, LLC reveals, nursing homes end up abusing or neglecting their loved ones. When there are obvious signs of negligence, abuse, or neglect by these facilities, the loved ones of the elderly can sue them for nursing home negligence.

So what are the grounds for filing a nursing home negligence lawsuit? There is a plethora of causes that can make nursing homes liable for negligence. Here are some examples:

  • Failure to maintain the safety and being hazard-free of the facility. It is the responsibility of the nursing home facility to ensure that their residents are safe and free from any hazards such as slip and fall accidents.
  • Negligent hiring. The nursing home facility can be liable for negligence if they hire an employee who ends up neglecting, abusing, or intentionally harming a patient. The lack of training and supervision of the employee can be a contributing factor to this.
  • Failure to maintain sufficient health and safety measures. This includes maintaining cleanliness and sanitation in the rooms and common areas.
  • Lack of adequate medical treatment. Aside from negligence, the nursing home facility can also be liable for medical malpractice. This happens when there is sub-standard medical care resulting to harm for the resident.

Nursing home facilities that accept Medicare are bound to Federal Regulations in terms of standard of care. Regulations require facilities to provide the following guarantees:

  • An environment that is hazard-free as much as possible
  • Adequate supervision and assistance devices to avoid accidents

The challenge with proving nursing home negligence is that it is not always obvious what went wrong and who is legally liable for any injuries. At the same time, the evidence available is often incomplete and self-serving on the part of the facility. This is where having an experienced attorney can come in handy.

 

Protecting Nursing Home Residents from Abuse

Horace, a Roman philosopher, once said: “pulvis et umbra sumus”. We are but dust and shadows, so the saying states. From the dust from where people were hailed, to dust people shall return – but before all that, there is a whole life to live.

Thanks to the innovations of modern science, the expected longevity of human life has been significantly increased. There are medications available that ensure a long, full life for a human being. However, with age comes increased frailty as the bodies slowly deteriorate to ready themselves to their descent back to the dust and shadows whence they came. However, as all humans of all ages and races and creeds are born free and equal, any one person has legal, human rights from the moment they are born, even until after they are dead.

There are even special laws in place that protect the elders of our population, specifically those who reside in nursing homes. These facilities are necessitated by law to adhere to a certain standard of care in order to care for their elderly wards. They are expected to have a sufficient number of professionals who can care for their patients as well as have their facilities be capable of caring for these elderly folk. If these standards cannot be met, then the care of that elderly person in that facility can be classified as nursing home abuse.

Nursing home abuse is a subset of personal injury. These kinds of lawsuits can be difficult to pinpoint as abuse victims can be hesitant to report their abusers out of fear. That is why it is of the utmost importance to keep a vigilant eye on the nursing home where an elderly loved one may be residing, should there be any signs of maltreatment or abuse. If there any signs of wrongdoing, it is recommended that experts are contacted immediately so that the matter can be investigated further so that appropriate actions can be made.