What is nursing home neglect?
Nursing home neglect is when residents of a nursing home suffer from a lack of proper nursing care, resulting in illness, physical harm, or even death. When that happens, the care provider might be held responsible for negligence.
What Are Some Common Causes of Nursing Home Neglect?
Some of the most causes of nursing home neglect include inadequate staffing, negligent hiring practices, and poor training. That said, the exact cause of negligence will depend on the specific circumstances of that particular case.
Who Is Liable for Nursing Home Neglect?
The party responsible for nursing home neglect will also depend on the specifics of the case. For example, if a bedridden resident is left unattended for long hours, they may develop bed sores. In that case, the caregivers might be responsible for neglect. On the other hand, if the nursing home is understaffed, the owner might be liable if a resident gets injured due to a lack of proper care.
What Are Some Consequences of Nursing Home Neglect?
Neglect in nursing homes can lead to various consequences to a resident’s health and well-being. Some common examples of these consequences include:
- Hygiene consequences, such as bad odor
- Physical health consequences such as anemia, dehydration, fatigue, dental issues, weight loss, and malnutrition
- Social and emotional consequences such as isolation, loneliness, depression, anxiety, loss of trust, suicidal thoughts, etc.
How Can I Prove Nursing Home Neglect?
If you or your loved one is a victim of nursing home neglect, you will need proof of negligence. To prove negligence, you must be able to demonstrate the following:
The nursing home owed you or your loved one a duty of care. You can prove this by providing copies of your contract with the nursing home. The contract can be used to establish a client-provider relationship.
Then, you will also need to prove that the nursing home was negligent. In this case, the caregiver, nursing home provider, or both, can be held liable for negligence depending on the circumstances of the case.
In addition, you will need to prove injuries caused by the negligence you demonstrated in the point above. For example, if the resident was left in bed unattended for long hours and developed bed sores, the bed sores could be used as evidence of negligence. Similarly, suppose a resident who needed assistance with ambulation fell off the stairs because they needed to use the bathroom, and no one was available to help. In that case, the injuries could be used as proof of neglect.
Lastly, the resident must also prove the damages caused by injuries. For example, if they needed surgery after the injury, the cost of surgery could be used as evidence of damages caused by the injury.
Do I Need a Nursing Home Neglect Attorney?
Although no law requires you to hire a nursing neglect attorney, hiring such an attorney can influence the direction of your case. This is because an experienced nursing home neglect lawyer understands how nursing home laws work in that particular jurisdiction. For this reason, they can help create the most suitable legal strategy to help you take action against the party responsible for the neglect.
Since nursing home neglect cases are different, the best course of action will depend on the specifics of the case. For example, depending on the nature of your case, you may be able to sue for emotional abuse, physical assault, medical malpractice, wrongful death, sexual abuse, etc.
What Are Some Benefits of Hiring a Nursing Home Neglect Attorney?
Hiring a nursing home neglect lawyer comes with so many advantages. Such an attorney will help you establish the facts of the case, collect crucial evidence, navigate complex federal, state, and county laws, and file a claim on your behalf. The attorney can also help place a dollar value on your damages, negotiate a settlement, or file a lawsuit in court if necessary.
What Should I Do If I Am a Victim of a Nursing Home Neglect?
If you or your loved one is a victim of nursing home neglect, it is important that you inform your close friends or family about it. Next, notify the staff and owners of the facility. While at it, document each incident of neglect by taking pictures or videos if possible. Alternatively, you may document the neglect in writing.
Most nursing homes have a helpline for residents to file complaints with the state. Call the provided phone number to report the case to the state. Reporting the issue to the relevant state agency could prompt investigations into the nursing home’s conduct.
However, if you have suffered significant injuries due to neglect, contact a Morgan and Morgan nursing home neglect attorney as soon as possible. Our legal representatives will review the specifics of your case and advise you on the best course of action.
How Much Does Morgan & Morgan Charge for Nursing Home Neglect Cases?
If you hire Morgan and Morgan nursing home neglect attorneys to represent you or your loved one, we will not charge you anything unless we win the case. But that is not all - we will review your case for free to determine whether you have enough grounds to take legal action against the other party.
If you have a valid claim, we might be able to help you obtain the compensation you need and deserve. Specifically, you may be able to recover both compensatory and punitive damages.