According to the National Council on Aging, 10 percent of older adults are abused or neglected each year. When this happens at a retirement community, suing a nursing home for negligence can hold the facility legally liable for the injuries and harm caused by neglectful employees. If your loved one was treated with negligence while in the care of a nursing home, contact the attorneys at the Law Offices of Craig L. Cook for help. Our experienced team can help your loved one secure the compensation they deserve for their losses.
Things to Know About Suing a Nursing Home for Negligence
Many different types of accidents, failures to act, and intentional acts can form the basis for suing a nursing home for negligence. These claims may be filed based on an employee’s conduct, a lack of supervision, facility policies, or continuing negligent practices at the nursing home. By filing a lawsuit against the facility and all of the individuals who are responsible for the injuries to your loved one, you might hold the nursing home and others accountable for their actions and prevent others from suffering similar harm.
Types of Nursing Home Negligence and Abuse Claims
There are several examples of actions and inactions upon which nursing home negligence claims can be based, including the following:
- Failing to maintain the premises in a reasonably safe and hazard-free condition that results in injuries and harm to a resident
- Negligent hiring, supervision, or retention of an employee
- Inadequate training
- Negligent supervision and monitoring of residents
- Failing to implement health and safety policies, including keeping the conditions sanitary and clean
- Failing to provide medical treatment that aligns with the required medical standard of care
In addition to these types of claims against the nursing home, you may file other claims against employees who engage in abusive or exploitative conduct against a resident. Nursing homes may be vicariously liable for the negligent or intentional actions of their employees as well as directly liable for their own negligence.
Regulations of the Standard of Care
Retirement communities that accept funding through Medicaid or Medicare are required to follow the federal regulations that govern the standard of care. Under 42 CFR § 483.25, nursing homes must complete comprehensive assessments of each resident and develop individualized plans to ensure that each resident receives medical care that meets the medical standard of care and the resident’s preferences in multiple areas, including the following:
- Vision and hearing
- Foot care
- Skin integrity
- Prevention of accidents
- Incontinence care
- Colostomy, ileostomy, and urostomy care
- Assisted hydration and nutrition
- Respiratory care
- Prosthetic devices
- Pain management
- Proper care for trauma survivors
- Assessment for bed rail needs
The residents’ environment must be kept as free of hazardous conditions as possible, and every resident should be supervised and provided with prosthetic devices as needed to prevent accidents from happening. So if you’ve noticed a decline in your loved one’s health (including weight loss, bed sores, falls, or fractures) and you believe the nursing home is responsible, take action. Nursing homes that fail to comply with the regulations regarding standard of care can be held liable when their residents are injured due to their noncompliance.
Proving Nursing Home Liability
Proving the liability of a nursing home when a resident is injured can be difficult. It is not always clear what occurred and who might be responsible. These types of cases frequently require extensive investigation and discovery. Nursing homes might keep incomplete records or may document in a way to protect themselves rather than their residents. An attorney might file motions to preserve evidence and work with experts to build a strong case of liability.
If you believe that your loved one’s injuries were caused by the negligent or intentional conduct of a nursing home or its staff, you should talk to an experienced attorney at the Law Offices of Craig L. Cook as soon as possible. Contact us today to schedule a consultation by calling 479-783-8000 or sending us a message online.