Featured News 2016 Can a Nursing Home Be Sued for Negligence?

Can a Nursing Home Be Sued for Negligence?

Longer lifespans have led to a surge in the aging population. In effect, nursing homes, convalescent homes, and other types of elder care facilities are springing up, trying desperately to keep up with the demand.

In the personal injury field, it's no secret that all kinds of neglect and abuse takes place in America's nursing homes. A lot goes on behind closed doors that family members do not see. Be it from understaffing, poor hiring practices, or resident-on-resident abuse, nursing home negligence is widespread and one should have family members on high alert.

What if your elderly loved one falls victim to nursing home neglect or abuse? Can you file a lawsuit against the facility? Yes, it is possible to file a personal injury or medical malpractice lawsuit against a facility when a resident has been the victim of neglect, or abuse, or when the resident has been injured because of a dangerous property condition at the facility, such as a newly waxed floor that causes a resident to fall and break their hip.

Grounds for a Civil Lawsuit

If negligence, or intentional conduct injures or kills an elderly resident, the facility can be subject to a civil lawsuit.

Common grounds for suing a nursing home:

  • Negligent hiring practices, for example, an employee with a recent criminal conviction for sexual assault is hired,
  • Failing to properly maintain the premises,
  • Failure to properly supervise residents who subsequently fall or injure themselves,
  • Failing to keep the facility clean,
  • Failing to provide adequate medical treatment,
  • Providing substandard medical care, which leads to infections,
  • Causing a resident to be dehydrated or malnourished,
  • Physical or sexual abuse of a resident,
  • Emotional abuse of a resident, or
  • Financially exploiting the resident.

If your loved one was injured at a nursing home, it can be difficult to prove that the nursing home was negligent on your own, and the nursing home may be trying to cover it up. Your best solution is to speak with a nursing home abuse attorney to learn how to proceed forward.

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