-
by Mike
- April 26, 2024
According to figures from the Nursing Home Abuse Center, as many as 5 million older adults in the U.S. experience abuse each year. Unfortunately, many of them experience abuse in nursing home settings where their care is entrusted to the hands of others. This abuse can take many forms ranging from physical, emotional and sexual abuse to neglect.
Realizing a loved one has been subject to such treatment can be devastating for families who understandably want to hold those accountable for their actions. In this article, we will explore the legalities surrounding nursing home neglect, empowering affected individuals and their families to receive the justice they deserve.
Civil Action
Under federal law, nursing homes receiving Medicare or Medicaid payments are obliged to comply with certain requirements regarding the care and protection of their residents. Failure to do so could leave them vulnerable to civil action.
If a nursing home resident has been harmed due to negligent, abusive or neglectful behavior, they may also have grounds for filing a personal injury claim against the facility. The purpose of this civil action is to compensate the individual for the harm they have suffered.
Legal Liability
Nursing homes owe their residents a duty of care under the law. This duty requires them to provide a certain standard of care with regard to matters such as safety, supervision, nutrition and assistance with daily activities. Failure to meet this duty can result in negligence and legal liability for a nursing home facility. Examples of negligent actions by a nursing home facility include:
- Failure to maintain safe premises
- Inadequate assistance or supervision of residents
- Negligent hiring and supervision of employees
- Inadequate medical care
- Sub-standard nutritional care
In addition to being held liable for its negligent acts or omissions, a nursing home may also be liable for those of its employees. Under the doctrine of vicarious liability, an employer may be held liable for the negligent actions of employees or other third parties who are contracted to work for them.
If you or a loved one has suffered harm, abuse or neglect in a nursing home, nursing home neglect lawyers can work with you to gather the necessary evidence needed to build a strong case and receive the justice you deserve.
Compensation
If successful, claimants may be compensated for both their monetary and non-monetary losses. Damages in nursing home neglect cases may include the following:
- Medical expenses: This can include past and future costs stemming from injuries caused by the abuse or neglect
- Pain and suffering: To compensate victims for the physical pain, emotional distress and mental anguish they have endured.
- Loss of enjoyment of life: This is where a claimant’s ability to enjoy activities they once did before the abuse or neglect may be considered as part of their damages.
In addition to a compensatory award, damages may also include punitive damages designed to penalize the facility for its particularly egregious or outrageously careless conduct and to deter such conduct from occurring in the future.
A nursing home neglect lawyer can offer guidance and advice on cases of nursing home neglect and help claimants pursue a claim to receive the compensation they rightfully deserve.
