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Nursing Home Abuse: Responsibility

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Nursing Home Abuse: Responsibility

Elder neglect may be defined as any failure by a caregiver to fulfill his or her duties or responsibility  in respect of the older person’s care. A caregiver may include a hired staff or a family member. Due to the many needs of an elderly person, the forms of neglect vary too. Some forms of neglect may include denying an elderly person basic needs such as:

  • refusing shelter,
  • food,
  • clothing,
  • hygiene and
  • medical care.

When the abuse of an elderly person takes place in a nursing home facility, that very facility can be held responsible for such an action. The facility is thus responsible for the abuse or neglect carried out by their staff members. Most noteworthy is if the following are part of the root cause of the harm to the resident or patient:

  • Negligent hiring – hiring of unqualified staff members
  • Understaffing
  • Inadequate training of staff
  • Breach of statutory or regulatory obligations
  • Medication errors

Nursing Home Employees and Third Parties

Furthermore, it is important to note that the nursing home facility is by extension responsible for any actions or failure to act by its employees. Further, such includes actions or inactions by their employees taken in the course of the employee’s job responsibilities and duties. That being said, it must be noted that it is common for some nursing home facilities to hire contractors or outsource various tasks to third parties. In the event that there is abuse and or neglect of a resident carried out by a third party or a third party’s employee; that third parties holds responsibility for such abuse and neglect.

Nursing home abuse and neglect is a serious offense. Therefore, if you are a victim or you suspect that someone you know is a victim of elder or nursing home abuse or neglect, you should immediately call the police whether you have proof or not. To file a claim against nursing home abuse seek out the Vinson Law Office for assistance.

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