When Is A Nursing Home Liable for Elder Abuse and Neglect?
There are currently over 1.4 million seniors living in nursing homes across the United States, with even more elderly citizens staying at convalescent homes, assisted living communities, rest homes, and similar institutions. Tragically, it’s estimated that at least 1 in 10 seniors will be abused or neglected during their stay at a nursing or convalescent home.
If your elderly loved one suffers injuries as a result of nursing home abuse and neglect, you may be justifiably angry, and want to hold the organization accountable for letting it happen. Our Orange County nursing home abuse lawyers can help you do just that – but first, you’ll need to determine whether you have enough grounds to sue.
Here are a few of the most common scenarios where a nursing home may be liable for elder abuse:
- The nursing home failed to properly train and supervise its staff members. In many cases, elder neglect happens because younger, more inexperienced employees fail to notice the obvious warning signs, or simply don’t realize the seriousness of a given medical condition. If this is the case, the nursing home can be liable for failing to train them properly.
- The nursing home didn’t vet an abusive staff member before hiring them. Every nursing home should exercise caution before hiring new employees, and check each and every criminal record. When your loved one was abused by someone who showed a clear history of violence, the nursing home could be considered liable.
- The nursing home gave your loved one substandard medical care. In for-profit nursing homes, it’s especially common for staff to downplay life-threatening medical conditions, in the hopes that it will cut costs. When a negligent doctor or nurse played a role, you could also have a case for medical malpractice.
- The nursing home skirted federal regulations. Does the nursing home in question accept Medicare payments? If so, they are legally responsible for clearing out accident hazards and ensuring proper supervision for nursing home residents.
- The nursing home engaged in financial exploitation. Some studies have found that in nursing homes, financial exploitation is even more common than physical and emotional abuse. If the nursing home cashed your loved one’s checks without permission or engaged in other forms of financial abuse, you can seek damages.
- The nursing home staff did not keep the premises clear of hazards. Like any property owner, nursing home owners have to make sure that their premises are safe and secure. They owe a particularly high “duty of care” to vulnerable senior residents who could slip and fall, or become injured in a fight.
Here at the Law Office of Marshall Silberberg, we believe in holding organizations accountable for negligence, especially when that negligence causes pain, suffering, and death for innocent victims. That’s why our skilled legal team is dedicated to seeking the fullest possible compensation if your elderly loved one was abused in a nursing home. With decades of experience and more than $500 million obtained for our injured clients, we can provide the compassionate but aggressive advocacy you’ll need for a nursing home abuse case.
Call us today at (949) 565-4281 for a free case evaluation in Orange County.