Can a Nursing Home Itself be Liable for Abuse?
Nursing homes can protect and provide adequate treatment to the residents under their care. However, many residents suffer from abuse or neglect by nursing home staff members, caregivers and other residents. In this situation you may be able to hold the nursing home liable for your loved one’s suffering.
At Roden Law, we understand the devastation many families experience when they discover their loved one is being abused or neglected in his or her nursing home. Our compassionate nursing home abuse lawyers in Savannah will investigate your claim to help you determine if you have a case against a negligent nursing home.
Contact us as soon as possible to schedule a free, no obligation consultation. We will inform you of your loved one’s rights as a nursing home resident and help him or her pursue the justice he or she deserves.
Situations When Nursing Homes Have Liability
Nursing home facilities may be held responsible for injuries suffered by residents if the injuries were caused by one of the following reasons:
- Exposure to a dangerous environment: A nursing home may be held liable for injuries caused by the conditions of the facility. Nursing homes must keep the facility free of known hazards, or hazards the staff should have known about, for the safety of residents.
- Poor security: In situations where another’s recklessness or intentional actions cause harm to a resident, the nursing home may be held liable for failing to provide proper security for patients.
- Negligent hiring: If a nursing home hires a staff member, caregiver or nurse with a history of abuse, the facility can be held responsible if it failed to perform a background search before hiring.
- Understaffing: Jobs in nursing homes are tough and typically do not pay much, making it difficult for facilities to retain an adequate number of staff members. This leads to not having enough employees to care for residents’ needs, which can lead to injuries.
- Poor training: Staff members must be qualified for their position and receive adequate training to care for residents. If a nursing home fails to provide staff with proper training in caring for residents, injuries can occur that the facility can be held liable for.
- Improper supervision: Nursing homes can be held responsible for injuries that occur due to administration errors, such as lack of supervision. Residents need proper supervision to prevent falls and accidents, and staff also must be supervised to monitor actions and deliver discipline when an employee acts improperly.
- Medication errors: If a nurse or staff member administers a resident with the wrong type or improper dosage of medication, the nursing home may be held liable. Nursing homes may also be liable for improper use of psychotropic medications or physical restraints intended to control residents.
Elements of Negligence
To hold a nursing home liable for resident neglect or abuse, you must show the facility or its staff members were negligent. This will require you to prove that four elements existed at the time of the abuse or neglect:
- Duty of care: It must be proven that the nursing home owed the victim a duty of care. This means the nursing home was require to provide a level of treatment and care that would have avoided causing residents harm.
- Breach of duty of care: The nursing home breached its duty of care by providing residents inadequate treatment that fell below the accepted standard of care. The breach of duty must have been a contributing factor in the resident suffering abuse or neglect.
- Causation: A causal link must exist between the nursing home’s breach of duty and the resident’s injuries that resulted from abuse or neglect. For example, improperly trained employees did not possess the knowledge and skills needed to care for the resident, causing the resident’s injury or death.
- Damages: The resident suffered an injury and incurred financial losses due to the nursing home’s negligence, such as the cost of the resident’s medical treatment.
Contact Our Savannah Nursing Home Abuse Attorneys for Help
If your loved one has been injured due to neglect in a nursing home, you may be entitled to compensation. Roden Law’s Savannah personal injury lawyers fight to hold negligent nursing homes accountable for the physical injuries and emotional harm residents suffer.
Request a free, no obligation consultation today to learn more about the legal options available in your claim. If we represent your loved one in a nursing home abuse claim, you will not be charged upfront legal fees. You only need to pay us if we recover compensation on your loved one’s behalf.