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Legal Liability for Nursing Home Abuse and Neglect

Nearly four million elderly people are victims of some form of abuse or neglect. In most cases the abuse or neglect takes place while they are residents of a nursing home. Legal action can be taken in behalf of an elderly person who is a victim of nursing home abuse or neglect. However, it is important to know is legally responsible for the abuse or neglect. This article will discuss nursing homes’ legal liability for nursing home injuries, abuse and neglect.

Legal Liability

It is important to note that nursing homes owe their residents a strict duty of care. this is because of the wide range and important type of services the nursing home provides. Nursing homes cover basic food and shelter needs of residents and extend to providing hygiene and medical care. Some duties included in a staff members job include preparing food, bathing residents to providing medication. Therefore, the duty of care on their part is very great. Further, due to the services they provide there are many settings and activities whereby a resident may be injured or suffer abuse.

Incidents where the nursing home can be held liable are linked to the following areas; where the nursing home:

  • Was negligent in training its staff
  • Negligently hired staff – for example, failing to carryout adequate background checks
  • Failed to monitor their staff properly
  • Failed to provide adequate security for their residents
  • Fails in the provision of the daily needs of residents e.g. shelter, food, water, etc.
  • Was medically negligent – e.g. failure to provide and address the medical needs of residents
  • Fails to protect residents from health and safety hazards
  • Imposes unreasonable or dangerous physical restraints on residents
  • Staff members intentionally abuse residents

You will need to show that the nursing home was indeed negligent and such negligence caused injury to the resident. If this is the case, then the nursing home is responsible for the damages that result.

 

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