It is never an easy to decision to place aging loved ones in a nursing home or assisted living facility. Statistics show that over 3.2 million older Americans are currently living in assisted living facilities and nursing homes. Most of these facilities work hard to uphold a high standard of care. However, some do not and residents can suffer serious injury or an untimely death as a result. Below are five things you must know about how personal injury law relates to nursing home abuse and lawsuits. If your loved one has suffered this type of abuse, it may help to speak with an experienced attorney such as the Personal Injury Lawyer In Idaho for advice.
Neglect Is a Form of Abuse
Many nursing home residents suffer abuse in the form of neglect. Family members may not realize exactly what is going on when this happens. Neglect can come in many forms such as withholding food, water, or medication. Many nursing home residents are deprived of basic hygiene and clean bedding. Some signs of nursing home neglect are bed sores, skin infections, dehydration, and malnutrition. If your loved one has suffered this type of abuse, you may have a valid personal injury case.
Essential Elements In Negligence Cases
In order for a nursing home to be held liable, you must be able to prove that the nursing home had:
The nursing home had a duty to provide your loved one with reasonable care.
The nursing home breached its duty to your loved one by not taking reasonable steps to keep them safe.
Your loved one was injured due to the nursing home’s actions.
The nursing home caused your loved one’s injuries due to its negligence.
Actions Against Nursing Homes
If you file a personal injury lawsuit for nursing home abuse, it will be a civil action based on:
- Negligent Hiring Practices
- Negligent Supervision
- Improper Equipment Maintenance
- Negligent Premises Maintenance
Liability for Injuries
Nursing homes can be held accountable for injuries sustained at their facilities due to negligence, physical abuse, financial exploitation, false imprisonment, and other egregious acts. While many lawsuits are civil actions, nursing homes can also be subject to criminal prosecution in severe cases. They may also be found in violation of state health regulations that can affect the status of their license.
What to Do If Your Loved One Is a Victim
If your loved one has been the victim of nursing home abuse, it is important to remove them at once for their safety. Once you have found a more reliable facility, contact a personal injury lawyer to discuss your legal options in a personal injury case.
Contact a personal injury lawyer today to discuss your loved one’s case. After speaking with you, your lawyer will let you know how to move forward with a lawsuit. While obtaining a settlement through a personal injury lawsuit will not erase the anxiety associated with your case, it can provide financial resources that may help care for your loved one.
Thanks to our friends and contributors from Injury in Idaho for their insight into personal injury practice.