Nursing home abuse is a sad reality that many don't realize occurs on an everyday basis. The decision to move a loved one into a nursing home can be very difficult because it means family members don't have the resources to care for the loved one themselves.
When a loved one moves into a nursing home the family expects excellent care, a safe facility and nurturing staff members who will ensure the loved one receives proper treatment. When abuse occurs, it's best for the family to file a claim.
Nursing homes can be held liable for injuring patients in various ways, including false imprisonment, abuse, neglect, violations of criminal statutes and violations of regulations that govern the home's operation, maintenance and licensing.
Any accusation of neglect or abuse will usually lead to one of the following three things:
- Investigation by an adult services organization
- Civil cause of action for damages incurred
- Criminal prosecution
Civil actions can be taken against nursing home owners or operators for any of the following:
- Negligent maintenance of equipment
- Negligent selection of equipment
- Negligent personal care or supervision
- Negligent premises maintenance
- Negligent employee hiring and retention
There are three main requirements of a claim filed against a nursing home for neglect or abuse. They are the ability to prove duty and breach of duty, statutory standard of care and causation.
It is possible to file a claim against a nursing home operator or owner for breach of contract. For example, some nursing homes sign contracts with their residents. If the neglect or abuse violated terms or promises made in the signed contract, the plaintiff could be able to sue the nursing home for breach of contract. Using this theory, the nursing home could be found negligent for failing to meet the basic needs of a resident.
Has a loved one fallen victim to nursing home abuse? Contact our firm in Tucson, Arizona, to discuss your case and the next steps necessary for filing a claim.