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 abused a family member causing a heart attack or stroke. To be successful a doctor must state the heart attack or stroke resulted from the abuse. This opinion needs to be within a reasonable degree of medical certainty. Damages in a case like this include past/present/future emotional and …
My family member is unable to communicate due to dementia. How do I prove abuse in their nursing home?
If a family member is unable to communicate due to dementia you can also prove abuse through circumstantial evidence, testimony of others, and medical proof. An expert can be hired by your lawyer to evaluate the evidence of abuse and medical records. While it would be helpful to have first person testimony it is not …
You can sue a nursing home for improper use of a defibrillator if the improper use was negligent and caused injury. To prove a case like this an expert must state within a reasonable degree of medical certainty that the improper use resulted in injury. The damages include past/present/future emotional and physical pain and suffering, …