NURSING HOME ACCIDENT INJURIES
Injuries from Nursing Home Neglect
Nursing home neglect, or nursing home abuse, is a tragic reality facing many American families. Many elderly people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for and will be protected from the effects of any deteriorating physical or mental conditions, and typically these facilities provide a positive environment and a beneficial experience for them.
However, many times the elderly are physically or psychologically harmed by the negligent or intentional acts of the caregivers who work at these facilities. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents and include poorly qualified and inadequately trained staff, staff with a history of violence, an inadequate number of staff members, the isolation of residents, and the reluctance of residents to report abuse out of embarrassment or fear.
The Signs of Abuse
If you notice that your loved one exhibits warning signs of abuse, take immediate action. Warning signs may include:
- Physical injuries such as broken bones; bed sores and bruises; a medication overdose; or a head injury.
- Neglect such as dehydration or malnourishment; poor hygiene; and soiled bedding.
- Emotional and behavioral changes such as agitation, withdrawal, or fear; frequent crying; or complaints of poor treatment.
Liability for Nursing Home Injuries
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an elderly person might give rise to one or all of the following types of proceeding:
- An investigation and finding by an adult protective services agency;
- A civil cause of action for damages (a lawsuit); and/or,
- Criminal prosecution.
These three types of proceedings have different objectives. A protective services investigation aims to provide immediate help and relief to the victim and prevent further harm. A civil action lawsuit seeks damages. The criminal prosecution is meant to punish those who perpetrated the harmful conduct.
Breach of Contract
A nursing home will usually enter into a contract with a resident that sets out what services it will provide and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract premise. Many contracts require only that the home provide such services as are “reasonably necessary” for the resident’s well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.
A nursing home owner or employees can be held liable if it can be proven that there is:
- Negligent personal supervision and care taking place at the facility,
- Negligent hiring and retention of employees,
- Negligent maintenance of the premises, and
- Negligent selection or maintenance of equipment.
A nursing home can be held liable for negligence if the injured party can prove that:
- The nursing home’s owner or employees breached a duty of care owed to the injured person;
- The person’s injury was caused by this breach; and,
- The nursing home owner’s or employee’s conduct caused the injury.
Criminal Cases
Some states provide criminal penalties for the abuse, neglect, or other mistreatment of nursing home residents. Historically, prosecutions for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. Recently, however, there have been more and more prosecutions of such actions. Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, failure to provide residents with sufficient food, keep residents clean enough, or prevent bedsores from occurring have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient, and may not cover verbal threats.
We Can Help
If you or a loved one has suffered an injury due to nursing home neglect, The Personal Injury Help Center can help you find the help and resources you need. Our network of personal injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of nursing home neglect.
We are dedicated to seeking justice and fair financial compensation for those who are facing a future that has been forever altered by the negligent act of another. When you are looking to file an injury claim, you need to know that you have the best working on your side.
Over the years, our team has been successful in recovering rightly-owed compensation in verdicts and settlements on behalf of our clients. This is a testimony to our ability to help our clients in some of the most complex injury litigation.
When filing a nursing home neglect injury claim, you only have one opportunity to secure a settlement; once you accept an offer, you cannot turn around to get more money if you realize that it will not cover the extent of the damages. To help you better understand what the settlement should cover, the team at The Personal Injury Help Center will help you:
Make sure your injury claim covers all of your medical expenses. This includes hospital bills, rehabilitation, future medical costs, costs of medication, future doctor visits, caretaker costs, and reconstructive surgery.
Make sure the settlement covers monetary damages. This includes property damage or car damage, lost earnings and wages, and future loss of earnings.
Make sure you are compensated for other miscellaneous damages. These include pain and suffering, loss of enjoyment of life, and out of pocket expenses.
To learn more about Nursing Home Neglect Injury claims and find out how you can obtain compensation for the injuries that you have sustained in any type of accident, complete the Free Case Evaluation form.