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.
Frequently Asked Questions About Nursing Home Abuse
A nursing home can be responsible if a person with dementia injures themselves if the nursing home was aware injury was possible and failed to take steps to prevent it. If you have placed the nursing home on notice that a loved one with dementia can hurt themselves and the facility just ignored your warning …
My parent wandered away from the nursing home and died due to exposure. Do I have a case against the nursing home?
If your parent wandered away from a nursing home and died due to exposure you probably have a case against the nursing home for negligence. A nursing home needs to take steps to make sure patients are safe. This includes adequate security and supervision of residents. If your loved one wanders out a door and …
Can I sue the group that manages the nursing home for abuse or wrongful death, such as a church or large corporation?
Consult with a personal injury lawyer to see who you can sue as a result of nursing home abuse or wrongful death. The lawyer will want to sue all those responsible for the damages. Some facilities will try to insulate themselves from liability and this is where a lawyer can help. A nursing home abuse …
You can sue a nursing home that transferred your parent to a different facility where they were abused under a very specific set of facts. To prove this case you must show that the original facility knew the new facility would harm your parent OR that the original facility failed to take adequate precautions to …
My parent slipped and fell at their nursing home, resulting in a broken hip. Can I sue the facility?
If your parent flipped and fell at a nursing home resulting in a broken hip you can sue the facility for negligence. In order to prove this case your lawyer must show the facility had a duty to prevent injury, breached that duty, and harm resulted. Most slip and falls occur when a foreign substance …
You can prove nursing home abuse with circumstantial evidence or testimony of others if a family member was abused and subsequently passed away. A personal injury lawyer will likely hire an expert to evaluate the evidence and determine what type of abuse occurred. If the lawyer believes a jury will believe the evidence than a …