My Parent was Injured in a Nursing Home. Do I have a Case?

December 21, 2018

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When a nursing home resident becomes injured in a nursing home, they may have a legal case against the facility. However, for a lawsuit to be successful, the nursing home must have been negligent in providing proper care, or there must be a case of abuse.

Do You Have Grounds for A Lawsuit?

Nursing homes have a responsibility to keep all areas of the facility safe and free of hazards for residents. As such, there are many instances in which a lawsuit can be filed against a nursing home that has been negligent or abusive.

For example, nursing homes must ensure there are no hazards a resident could trip on and prevent residents from attacking each other. Appropriate equipment, such as walkers and mobility scooters, must also be provided to prevent residents from getting injured. If nursing home staff do not handle hazards appropriately or do nothing to remove or correct them, they could be found legally negligent.

Does Your Nursing Home Have the Right Staff?

Nursing homes are only as good as their staff. This means they must take care to only hire staff members who will not abuse, neglect, or intentionally harm a patient. Nursing homes must also ensure all staff is properly trained and supervised at all times. When they are not, the nursing home may be sued for the negligent hiring of employees.

In addition to staff supervision, the residents must also be supervised. When they are not, they are more likely to fall or otherwise injure themselves. If a resident becomes injured due to lack of appropriate supervision, the nursing home or its staff could have a lawsuit filed against them.

Are They Following Proper Safety Procedures?

Every nursing home will also have health and safety policies and procedures that must be followed. These typically include making sure the conditions of resident rooms and all common areas are kept clean and sanitary. If a nursing home fails to do so, they can be held liable in a lawsuit.

Is Your Nursing Home Following the Medical Standard of Care?

Whether medical treatment in nursing homes is provided by a registered nurse for tasks such as providing a flu shot, or by a staff member responsible for administering medication and the like, it must be done according to a certain medical standard of care. When the care provided falls below that standard, and a resident is harmed because of it, residents or their family members may file a medical malpractice lawsuit.

How Do You Prove Liability?

When an injury occurs in a nursing home, it can be difficult to determine if there are grounds for filing a lawsuit. Even in instances where family members know the nursing home staff was negligent or abusive, proving liability in a legal context can be difficult.

If you suspect nursing home abuse or neglect against yourself or on a loved one’s behalf, you and/or your family members should speak to an attorney about your situation. A qualified nursing home abuse and neglect lawyer can review your potential case, determine if there are grounds for a lawsuit, and then investigate to identify and prove liability.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260