Nursing Home Abuse
Older people often move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients. However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. Sadly some nursing homes are more concerned about profit than patient care.
In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents, and the reluctance of residents to report abuse out of embarrassment or fear. If you suspect that a family member is being abused please seek help immediately.
Civil Actions Against Nursing Homes
The liability of a nursing home owner or employees can result from:
- Negligent personal supervision and care
- Negligent maintenance of the premises
- Negligent selection or maintenance of equipment
- Negligent hiring and retention of employees
Liability for Nursing Home Injuries:
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes. They can also be held responsible for violations of regulations pertaining to their licensing, maintenance, and general operation.
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding: 1) an investigation and finding by an adult protective services agency, 2) a civil cause of action for damages (a lawsuit), and/or 3) a criminal prosecution. These three (3) types of proceedings have different objectives. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil action (lawsuit) is to remedy damages. Criminal prosecution is meant to punish the harmful conduct.
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