Aging and elderly people, as well as some others, oftentimes live in assisted living or nursing home facilities to receive the care they need in a safe environment. Unfortunately, nursing home abuse can take place in those settings and it is essential for victims and families to understand their legal protections.
Patients in assisted living and nursing home facilities can suffer physical and psychological harm in nursing home settings. Nursing home abuse and neglect can occur for different reasons including poorly trained or under-qualified staff; if the staff has a history of violence; the number of staff members employed at the facility is inadequate; or if residents are isolated or reluctant to report abuse because they are afraid or embarrassed.
When a patient in a nursing home has been harmed, there are different legal protections available to them. Those responsible for the nursing home abuse or neglect may be civilly liable to the victim or may be criminally liable in addition to possible contract claims that may be made. Nursing home staff and nursing home facilities that employ them may be liable for the negligent care of a patient due to negligent supervision or care; negligent supervision or retention of employees; negligent maintenance of the facility; or negligent selection or maintenance of equipment.
A nursing home or nursing home staff members may be liable to victims or their families for the physical, financial and emotional damages they have suffered. Because victims of nursing home abuse can suffer serious harm as a result, it is essential for victims and their families to be familiar with the legal options and remedies available to them, including a claim for damages.