Liability in Nursing Home Abuse Cases
Posted by PKSD Law Firm on November 16, 2016 in Nursing Home Abuse
Elderly residents of nursing homes and long-term care facilities are often victims of abuse and neglect that can leave a devastating impact on their quality of life.
Nursing homes have a legal responsibility to provide quality care for all residents and are liable for many forms of abuse that might occur. However, in some situations it may be possible to hold a third party liable.
If think your loved one has been abused or neglected while residing in a nursing home or long-term care facility, contact the nursing home abuse attorneys at Pitman, Kalkhoff, Sicula & Dentice today.
Nursing Home Responsibility
Four million elderly people are estimated to be victims of abuse and neglect each year, with many incidents occurring in nursing homes. These facilities are required to provide medical treatment, food, housing and hygiene to their residents while staff members are required to distribute medication and prepare meals for the residents.
The following are common forms of abuse that nursing homes are often responsible for:
- Lax monitoring of employees
- Improper training
- Negligence in hiring qualified staff
- Use of dangerous or unreasonable physical restraints
- Acts of abuse committed by staff members
- Inadequate security
- Not providing proper amounts of food, water and other necessities
- Not providing the proper amount medical care and treatment
- Not protecting residents from safety and health dangers
An experienced attorney can assist in proving a nursing home or long-term care facility has committed acts of negligence or abuse that resulted in a resident’s injury or death. The nursing home could be found legally responsible for damages.
Third Party Liability
While it may be assumed that nursing homes are always liable for residents’ injuries, third parties could be legally responsible as well. Some situations in which a third party could be held liable include:
- A defective wheelchair, product or piece of equipment harms its user
- An outside contractor fails to maintain a safe and clean environment or fails to properly maintain a device
If you suspect that your love one has been abused or neglected while in a nursing home or long-term care facility, you should notify the authorities. Wisconsin has an elder abuse helpline that can provide assistance and instructions on reporting abuse.
Nursing homes are legally responsible for providing quality service to all residents under the facility’s care. If they fail to do this and a resident is abused or neglected, the facility can be liable for any injuries or death that occur under its supervision.
Our attorneys will review claim and determine if you have a legal case that entitles compensation. We provide our services on a contingency fee basis and do not get paid unless you receive a favorable outcome.