Understanding Liability for Nursing Home Accidents: Giroux & Associates Can Help
If you have a loved one that has been injured while in the care of a nursing home, then you need to call your nursing home attorney for a consultation. It is not uncommon for those in a nursing home to sustain injuries that could have been prevented. These injuries are normally due to mistreatment or neglect by the staff. If you feel that a nursing home in your area is mistreating or neglecting their residents, call your nursing home attorney. Statistics show that there are millions of elderly people who are the victims of abuse, mistreatment, or neglect in their nursing home. But who is legally responsible for this? In the following information provided by your nursing home attorney the question of who is liable is discussed. If you feel that this subject warrant further discussion, schedule a consultation with your nursing home attorney.
Is the Nursing Home at Fault?
Those who are employed by a nursing home are bound by a duty of care to their residents. That means that they are responsible to provide a safe environment for those residents which include food, shelter, medical care, and ensuring that they have the proper hygiene. Nursing home employees help to feed the residents, provide medical attention, therapies, and other physical activities. Any of these can lead to a resident suffering from an injury or a form of abuse. The following are several ways that the nursing home itself may be directly responsible for the injury or abuse of a resident:
- not providing daily needs such as food or water
- improperly training staff members
- not providing adequate security for the residents
- not protecting residents from safety hazards or dangerous situations
- not monitoring staff members adequately
- improperly restraining a resident
- a staff member intentionally abusing a resident
If it can be proven that the nursing home was negligent in their care or played a role in the negligent care of a resident, then it is possible the nursing home will be held liable and face damages for their neglect.
Are There Third Parties That Can Be Liable?
While it is usually assumed that the nursing home is directly at-fault for the negligent care, that is not always the case. In some cases it is entirely possible for a third party to be responsible for a resident’s injuries. Those times can include the following:
- an outside contractor did not properly maintain equipment and it failed
- a piece of equipment may have been manufactured improperly
- there is a flaw in the failed equipment’s design
- a staff member of the nursing home failed to use the equipment properly
There are other situations that can involve third parties including where physical therapy equipment has broken or malfunctioned, or when a medication dispenser has failed. There may be situations where the food, which has been brought in by a third party, has made a resident extremely sick. There are even cases where those visiting from outside of the nursing home have caused injury or abuse to the residents. However, if the nursing home has adequate security then this should not be a concern.
What Can You Do?
If you feel that a resident is being abused, mistreated, or neglected by a nursing home then it is your responsibility to report it to the right authorities. There are hotlines that are available for you to call and remain anonymous. You can visit your state’s government website to find where to report elderly abuse. You can also call your state’s care ombudsman that deals with helping those in long-term care facilities. If you do not feel comfortable reporting it to any of the above agencies, there are attorneys who specialize in nursing home abuse. Schedule a consultation to speak to one and let them know what you saw. You could help get that resident to a safer place and away from the abusers.
Consult with a Nursing Home Attorney St. Petersburg FL
When going up against a nursing home for abuse, mistreatment, or neglect of your loved one, you want the most experienced nursing home attorney St. Petersburg FL residents trust by your side. Call Giroux & Associates Inc at (727) 895-5399. Giroux & Associates Inc have the nursing home attorney who has the dedication and knowledge to help you stand up for your loved one’s rights. Call today for your consultation!