Nursing Home Abuse

Can you sue a nursing home or elder care facility for personal injury or medical malpractice?

Can a nursing home be sued for negligence?

A nursing home or care facility can be held legally responsible for a personal injury or medical malpractice. A lawsuit can be filed when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident. An elderly patient residing in a negligent nursing home is at a heightened risk for serious diseases, infections, injuries, and death. Injuries from nursing home falls, or strangulation in a nursing home bed, are also both examples of physical nursing home neglect.

What is considered patient abuse?

Patient abuse or neglect is any action or failure to act which causes an injury to a resident or patient. Injury can be unreasonable suffering, misery or harm to the patient. Abuse could include physically striking or sexually assaulting a patient or intentional withholding of necessary food, physical care, and medical attention.

Can a doctor deny a patient care?

Physicians do not have unlimited discretion to refuse to accept a person as a new patient or to refuse to treat a current patient. Because much of medicine is involved with federal regulations, physicians cannot refuse to accept a person for ethnic, racial, or religious reasons. Some physicians will not treat certain individuals or classes of patients or may provide insufficient care and these actions may result in injury to the individual for which the doctor may be liable.

What does it mean to charge a group or individual with negligence?

Negligence is a term that means carelessness or a breach of an obligation. Negligence is used in general to mean someone was unreasonably inattentive to an important obligation. If someone is negligent in the eyes of the law, he or she could face a civil lawsuit or even criminal charges.

What percentage of elderly live in nursing homes?

According to the U.S. Bureau of the Census, over 5 percent of the 65+ population occupy nursing homes, congregate care, assisted living, and board-and-care homes, and about 4.2 percent are in nursing homes.