
The news is rife with stories of nursing home employees taunting residents, stealing from them or physically beating them. When these incidents occur, families need a Brooklyn nursing home abuse lawyer to help build strong legal claims.
Many cases of abuse stem from staff understaffing, and facilities may be liable for neglecting their duty to provide proper care to residents. This negligence makes it more likely that abuse will happen and could support a civil claim. Contact Nursing Home Abuse Attorney for more information.
Vicarious Liability
When a nursing home employee injures or kills a resident, family members often want to take legal action. However, it is not always possible to attribute the proximate cause of an injury to an individual worker, especially if multiple abusers are involved. In such cases, vicarious liability may apply.
A nursing home abuse lawyer can explain how vicarious liability works and help victims pursue compensation for their injuries. The legal concept states that a business can be held responsible for the negligent or abusive actions of its employees when the actions are committed within the scope of their employment duties. Nursing homes must provide their workers with sufficient training and support to ensure the safety of residents. They must also monitor and supervise staff members. Failure to do so is negligence, and it could support a claim for vicarious liability.
Moreover, nursing homes must ensure that equipment like beds, wheelchairs, and call buttons are safe, properly maintained, and appropriate for each resident’s condition. If the wrong equipment is used, it can result in severe injuries and fatal accidents. Failure to select or maintain appropriate equipment is considered a form of negligent supervision, and it could also support a vicarious liability claim.
In addition to vicarious liability, a victim may file a direct negligence claim against the nursing home that employs the worker who causes harm. A claim against the facility focuses on its responsibility to hire qualified personnel, conduct background checks, and train workers to follow protocols that protect residents from abuse and neglect. It is also possible to prove that a facility failed to do these things by examining evidence such as records, witness testimonies, surveillance footage, and expert opinions.
Abuse by nursing home staff members can have life-changing consequences for residents and their families. A victim may be left with serious physical or emotional injury, medical expenses, lost wages, and other damages. An experienced attorney can gather and review evidence, including medical records, witness testimonies, and surveillance video, to build a strong case on behalf of the victim and their loved ones.
Negligence
Regardless of how a facility is legally structured, it must meet certain legal standards when it comes to the care of its residents. If it fails to do so, it could be liable for the negligence of its staff members.
Negligence includes any failure to uphold a person’s rights, including the right to live in peace and free from abuse. This type of abuse may occur in many forms, including:
Physical abuse, such as hitting, pushing, or otherwise physically harming a resident. Isolation, which may include limiting interactions with other residents or preventing them from going outside the home. Neglect, which can lead to malnutrition, dehydration, or bedsores. Financial abuse, which involves stealing money, property, or personal items from a resident. Sexual abuse, which may involve touching, inappropriate sexual comments, or forging checks or documents.
Other types of nursing home neglect can include medication errors, which may cause or worsen medical issues such as nausea, diarrhea, vomiting, and confusion. These errors may be the result of inadequate training, understaffing, or a lack of knowledge regarding proper dosages. Corporate ownership and management groups of nursing homes may be liable for their facilities’ employees’ negligent actions, especially if they prioritize profits over adequate staffing levels.
It is important for families to recognize the signs of possible abuse and report them immediately to authorities. They should also consider pursuing a civil claim against the nursing home or assisted living facility to hold them accountable and recover compensation for their loved ones’ suffering.
When filing a lawsuit, it is vital to start documenting your loved one’s experiences as soon as you suspect something wrong. Take pictures of injuries and keep a detailed timeline of interactions with the nursing home’s staff. This information helps your legal team build a strong case to ensure justice is served.
Abuse in a nursing home should never be tolerated. If you suspect that your loved one is a victim of abuse in an assisted living or nursing home, it is crucial to contact an attorney who can help. At Horn Wright, LLP, we stand by victims and their families to help them pursue justice and obtain the compensation they deserve.
Breach of Contract
A nursing home enters into a contract with each patient and their family when they accept a spot at the facility. The agreement spells out the type and level of care the nursing home will provide in exchange for a fee. When the nursing home fails to meet the minimum standards set forth by state and federal law, it can be held liable for injuries suffered by patients.
Nursing homes must adhere to strict staffing and training standards. When they don’t, they can have inadequate numbers of caregivers to assist residents with activities of daily living, answer questions about medication, and respond to medical concerns. A lack of staff can lead to missed meals, unattended falls, delays in addressing medical issues, and a general deterioration in quality of life.
It’s also the responsibility of a nursing home to conduct background checks on potential employees to prevent hiring individuals who might have dangerous pasts. If a facility is aware that an employee poses a risk and fails to take action, it can be held liable for any abuse committed by that employee.
Sometimes, the abuse perpetrated by a member of the nursing home’s own staff is so severe that it warrants civil action. Nursing homes can be held liable for damages such as personal injury, medical bills, emotional distress, and loss of enjoyment of life. In egregious cases, punitive damages can be awarded to send the message that abuse of nursing home residents is not tolerated.
Often, nursing home abuse takes place because the facilities are understaffed. This can be a result of economic pressures, mismanagement, or a decision to cut corners that jeopardizes resident safety.
When you suspect your loved one is a victim of nursing home abuse, document the signs and symptoms to keep track of. Take photos of bruises, sores, and changes in eating habits or sleeping patterns. Talk to your family member about their experiences and make sure they feel comfortable speaking out if there are any repercussions. Finally, contact a lawyer to discuss your legal options and file a claim if necessary.
Negligent Selection or Maintenance of Equipment
The nursing home must carefully select and maintain equipment used for the safety of its residents. This includes beds, wheelchairs, oxygen machines, call buttons, and more. When a resident is injured by equipment that was either improperly selected or not properly maintained, the nursing home may be liable for the injury.
Nursing homes also have a duty to ensure that outside personnel hired through staffing agencies are appropriately vetted and trained. When those individuals engage in abuse or neglect, the facility can be held vicariously liable, even if the supervisors were unaware of the actions.
For example, if a private-duty aide or home health worker is found to have a history of abusive behavior, the nursing home should have known about this and not allowed them to care for patients. This is a violation of the duty to protect nursing home residents.
In addition, the nursing home could be held liable if it fails to conduct proper background checks and hires employees who are not qualified or who have a history of abuse. This type of negligence could result in physical violence, sexual abuse, or even medication errors that cause serious harm.
Nursing homes must also adhere to regulations set forth by state and federal law, including licensing standards and minimum staffing levels. When a nursing home violates these laws, it may be subject to fines or even criminal charges. However, in a civil case, a family would need to show that the nursing home breached its duty of care and that this breach directly contributed to a loved one’s injury or death. This evidence may include medical records, witness testimony, expert evaluations, and other pertinent documentation.
If your loved one was abused or neglected in a nursing home, it is important to act quickly. Contact an experienced long-term care lawyer right away to discuss filing a claim. A skilled attorney can help you get the justice your loved one deserves. This could include recovering financial compensation for the injuries and other damages that they have suffered. To start, document your loved one’s injuries and their impact on your family. Take pictures of any injuries with timestamps, write down what they say about their experiences, and keep a detailed log of interactions with the nursing home.







