Posted on behalf of Henness & Haight on Jan 14, 2015 in Nursing Home Abuse News
When a loved one takes up residence in a nursing home, you and they trust that the home will provide adequate care, living assistance, and protection against physical and mental medical conditions. Generally speaking, nursing homes provide excellent care. Unfortunately, negligence or abuse by caregivers results in injury or abusive conditions. In these cases, an experienced nursing home abuse attorney can help you to seek remuneration for the poor conditions suffered.
When the resident of a nursing home is harmed psychologically or physically by intentional act or negligence of caregivers, several factors can be shown to contribute to liability. These include: · Under-qualified or poorly trained staff · Staff who have a history of abuse or violence · Inadequately staffed facilities · Resident isolation · Residents who are frightened into silence, which only increases the abusive situation Proceedings While the factors above contribute to abusive conditions that lead to liability, several kinds of proceedings might occur when violations of regulations or criminal statues are suspected. Among these proceedings are: 1. Adult protective services agencies may conduct an investigation and issue findings intended to provide relief and help to the victim 2. A civil lawsuit seeking damages for the abuse or injury and prevent any further harm 3. A criminal prosecution against those who caused the injury or abuse to punish those responsible for the questionable conduct.
When a nursing home is negligent in providing personal supervision, hiring and training qualified employees, maintaining the facility and failing to provide adequate protection, equipment, and care, a civil suit may result. There are three factors that must be proven to demonstrate liability. 1. The nursing home and its staff failed to act in good faith by breaching their duty of care towards the victim. 2. The victim's injury was the direct result of this breach of contract. 3. The staff or nursing home conditions were the cause of the injury. Breach of Contract In most cases, nursing homes have a formal contract with residents outlining the expectations of care and services. When conditions are in contradiction to those terms, the result can be a civil suit for breach of contract. Even when only the most basic level of care is promised, injury and abuse are often still reasons to file suit.
Some states view neglect or abuse of patients, especially where an injury is involved, as criminal acts. In fact, criminal prosecutions for nursing home injuries have become more common, and even face increased penalties in some states. Situations, where nursing homes have engaged in unreasonable physical restraint, provided inadequate food and hygiene, failure to prevent wandering and situations involving bedsores have resulted in criminal cases.
When you or a loved one is the target of abuse or neglect at a nursing home, it is imperative that you contact a qualified personal injury attorney. A lawyer can evaluate your case, determine if there is cause to file suit, and help you recover the compensation you deserve. If you need help, we are here. Give us a call today!