When Can You Sue a Nursing Home for Neglect?
Did you know that a nursing home, convalescent home, rest home or elder care facility can be held legally responsible for negligence? This means that there is potential for a personal injury case or medical malpractice lawsuit to be filed. If you or a loved one has been victimized by neglect or abuse, you and/or your loved one may be able to receive justice and compensation.
What Negligent Behavior Can Lead to a Lawsuit?
There are an abundance of unfortunate incidents that can take place in a nursing home or other care facility. This type of unjust behavior can be intentional or unintentional. Regardless, it is the nursing home’s priority to make sure that their patients are receiving the care that they rightfully deserve.
Below are a few examples of negligence that can potentially occur in a nursing home or other care facility:
Failure to keep the premises reasonably safe and free of danger. It is the staff’s responsibility to make sure that the premises is reasonably safe and if there are any hazards that they are aware of, then they must do whatever it takes to prevent any accidents from happening. For example, it is their duty to prevent any slip and fall accidents as well as prevent a resident from physically assaulting another.
Negligent employment. If the employers hire an employee who is negligent, such as one who abuses or intentionally harms a patient in any way, they can be held legally responsible. It is the facility’s duty to make sure that its employees are properly trained and supervised at all times.
Negligent supervision. It is imperative that employees are vigilant of potential hazards that can cause injuries to residents or patients.
Failure to maintain sufficient health and safety policies. For example, it is the employees’ duty to make sure that the facility is in clean and sanitary conditions in rooms and common areas.
Failure to give adequate medical care. It is essential that residents and patients are receiving adequate medical care and if they fail to do so, this can result in a lawsuit against the nursing home facility and/or the healthcare provider who gave treatment to the patient.
What is the Standard of Care?
If a nursing home or other care facility accepts Medicare, then the facility must follow a standard of care, which is a federal regulation. The regulation, which is 42 CFR sec. 483.25 (h) ensures the following:
The resident environment remains as safe as possible by preventing any potential hazards.
Each resident receives sufficient supervision and support equipment to prevent an accident from happening.
If a nursing home or other care facility fails to abide by these federal rules and a resident has been injured, the facility is legally liable for any injuries or fatalities that have occurred.
Proving Liability in a Nursing Home Negligence Case
It is important to know that it can be extremely complicated to prove liability in this type of case. Contrary to what it may sound like, it is not always obvious in determining what exactly happened as well as who will be held liable for such acts. The evidence is not always as clearly defined as one may think; however, by speaking to experienced elder abuse lawyers, this can certainly work in your favor.
At Gutierrez Law, we have a great deal of experience in representing victims and their families who have had to endure nursing home neglect. We know what it takes to make those responsible for their lack of care. No one, under any circumstances, should have to endure such unfortunate behavior. However, it is important to know that you have a team of elder abuse lawyers in Los Angeles who will fight on your behalf to get you the justice and compensation you deserve.
Contact Our Knowledgeable Elder Abuse Lawyers
If you or a loved one was a victim of nursing home neglect, we can help you every step of the way. No one should have to deal with the repercussions alone, which is why we are here to help. We know what it takes to make those responsible for their wrongful and careless acts. Feel free to contact us today to speak to one of our expert Los Angeles personal injury lawyer .