When a resident is injured due to nursing home negligence, generally the nursing home faces liability for the accident. Nursing homes have a tremendous responsibility to provide quality care and uphold the federally-recognized rights of their residents to quality of life and care, the ability to self-determine, and the right to be fully informed of their health status and pending transfers or discharges.
Some of the issues that would suggest liability (legal responsibility) for the nursing home facility include:
- Negligent hiring, training, or supervision of staff.
- Failure to provide adequate security.
- Failure to provide the basic daily necessities for living, such as clean drinking water.
- Medical neglect.
- The use of physical and chemical restraints in more than just a few very limited circumstances.
- Intentional abuse by staff members.
However, you may find additional sources of liability in your case, including:
- A staff member who subjects a resident to abuse, neglect, or exploitation or who causes an injury to a resident through the negligent use of equipment or administration of medication.
- An outside contractor who installed defective equipment or performed work on the facility that resulted in injury to a resident.
- A vendor who provided food that was unsafe for consumption or a food service provider at the facility who failed to follow protocols on the safe handling of food.
Your nursing home negligence attorney will look very carefully at your case to determine all potential sources of liability and all insurance resources that can be accessed to compensate you.