When Nursing Home Abuse Occurs, It’s Up to You to Stand Up for Your Loved One
One of the most heart-wrenching decisions a person might have to make is to place a parent or other family member in a nursing home. It can become a nightmare if he then sees signs that the nursing home staff is neglecting or abusing his loved one. The abuse can take many forms, including failing to provide proper medical care, causing physical harm, or stealing from the person. This can result in the elderly patient suffering serious injuries or even death.
Three Possible Legal Claims Against Nursing Homes
Idaho has several statutes to protect nursing home residents from abuse, including the Adult Abuse, Neglect and Exploitation Act and Adult Protective Services. Unfortunately, the resident in the nursing home most likely cannot pursue his legal options on his own. It will be up to his family to advocate for him with the nursing home staff, to file any needed complaint with the appropriate state agency, and to pursue a legal action if that becomes necessary. Fortunately, there is more than one legal claim that could be brought against the nursing home, including:
- Negligence. The nursing home could be negligent in many ways, including failing to properly supervise and care for its residents, failing to properly hire, train, and retain staff, failing to maintain the nursing home in a safe manner, and failing to provide proper medical care.
- Medical malpractice. If the resident suffers injuries as a result of negligent medical treatment, he could have a claim for medical malpractice. Improper and negligent medical care could occur if the staff fails to give the resident necessary medications, fails to recognize symptoms of medical problems, fails to diagnose and treat medical conditions, and fails to protect the resident’s well-being.
- Wrongful death. The family of a nursing home resident could have a wrongful death claim against the nursing home if the staff’s negligence or medical malpractice caused the resident’s death.
It can be complicated to hold the nursing home liable for nursing home abuse and neglect because it is not always obvious what caused the problem and who was responsible. In addition, the evidence could be incomplete and in the control of the negligent party—the nursing home. That is why it is critical to contact an experienced nursing home abuse and neglect attorney who understands the laws, standards of care, and other requirements nursing homes are required to follow and how to prove a victim’s case.
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