It’s a hard decision to put someone you love in a nursing home, but sometimes, it is necessary. On the other hand, just because somebody has to be in such facility does not mean he or she needs to live in an abusive or depressing environment. If you loved one does have to live in a terrible nursing home, it is vital for you to know that there are options.
When Can You Sue a Nursing Home for Negligence? By All Law has some information about behaviours were in a nursing home abuse claim is applicable.
“What Behavior Can Lead To A Civil Lawsuit?
- Failure to keep the premises reasonably safe and free of hazards (meaning dangers that the facility and its staff are aware of, and those they should be aware of through reasonable diligence). This includes everything from preventing slip and fall accidents to preventing one resident from attacking another.
- Negligent hiring of an employee who ends up neglecting, abusing, or otherwise intentionally harming a patient. The failure to properly train and supervise employees may also come into play here.
- Negligent supervision of residents who then fall, or otherwise injure themselves.
- Failure to maintain adequate health and safety policies, including keeping clean and sanitary conditions in resident rooms and in common areas.
- Failure to provide adequate medical treatment that is in line with the medical standard of care under the circumstances. When the provision of sub-standard medical care causes harm to a resident, there may be a case for medical malpractice against the nursing home facility and/or against a medical professional who treated the resident.”
Nursing Home Abuse Claims by Find Law features a couple of civil actions against nursing homes. Here’s some:
“Proving Duty and Breach of Duty: A plaintiff suing a nursing home may need to offer expert medical testimony about what is or is not a proper practice, treatment or procedure in a given situation, unless the lack of care or skill by the nursing home is so apparent that the average person would comprehend it based on his or her common knowledge and experience. For instance, if a nursing home administrator is alleged to have failed to exercise care with respect to maintaining the nursing home facility, that issue will likely not require expert testimony, whereas a nurse’s treatment of a patient’s condition might.
Statutory Standard of Care: Many states have enacted statutes or regulations that establish certain minimum standards of care for private nursing homes. Even if a nursing home can show it complied with minimum licensing standards, however, it may still be liable for a resident’s injuries. For these reasons, it is important to have an attorney research the applicable standard of care, licensing requirements, and other regulations in your area.”