Anyone who has a loved one in an assisted living facility or nursing home should be aware of the common signs1 of the different types of nursing home abuse or neglect. Such abuse or neglect by nursing home staff can cause significant physical, mental, and emotional injuries to elderly residents, many of whom may not be able to adequately express that the abuse is occurring or who may be afraid to tell anyone. For this reason, relatives should be particularly vigilant regarding the health of nursing home residents.
Once you have determined that abuse did cause injury to your loved one, your next question will likely be: who can be held responsible for the injuries? Though the answer to this question may vary from case to case, your loved one can file a personal injury claim against the nursing home facility itself in many situations.
Liability of the Nursing Home
Nursing home have a very strict legal duty of care they must uphold in regard to the health and safety of residents. Unfortunately, there are many ways that nursing homes can be negligent that may lead to harm or allow abuse or neglect to occur or continue. The following are some examples of negligence for which a nursing home may be liable:
- Negligent hiring of unqualified or potentially dangerous staff members (includes failing to conduct background checks)
- Inadequate training of staff members
- Providing inadequate food, water, shelter, or other necessities
- Providing inadequate or improper medical care
- Allowing dangerous health or safety hazards to exist on the premises causing slip and falls or similar accidents
- Providing inadequate security for residents
- Using harmful or inappropriate restraints or isolation of residents
- Not adequately monitoring staff or disciplining staff for wrongful behavior
- Intentional neglect or abuse by staff members
Liability of third parties
The facility is not always responsible for injuries to residents, however. Often, third party companies or individuals may be responsible for injuries caused by the following:
- Defective or malfunctioning medical equipment, such as wheelchairs or beds
- Vendors supplying contaminated or dangerous food
- A security officer supplied by an outside security company fails to provide adequate security
- A pharmaceutical company sells defective medication
Because several different parties may be responsible for your loved one's injuries, it is important to consult with an attorney as soon as possible.
Contact an experienced Detroit nursing home negligence attorney as soon as possible
If your loved one has suffered any type of injury while living in a nursing home or assisted living facility, you should discuss a possible legal claim with an experienced lawyer today. Not every personal injury attorney understands the unique legal issues that may arise in a nursing home negligence case, however, the attorneys at Michigan Injury Lawyers have successfully handled this type of injury case and have a thorough understanding of nursing home laws in Michigan.2 We have convenient locations all over Michigan, so please call us at (888)-454-0801 for a free consultation today.
References:
1http://www.aoa.gov/AoA_programs/elder_rights/EA_prevention/whatisEA.aspx
2http://www.michigan.gov/lara/0,4601,7-154-35299_63294_63384-48069--,00.html