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.

 

Leave a Reply

Your email address will not be published. Required fields are marked *