When to Sue a Nursing Home for Negligence?

September 2, 2021

Is any of your loved ones being cared for at a nursing home, long-term care facility, old age home, or other similar establishments? Is there a sudden change in their behavior or do they complain about being abused or neglected at the place?

If yes, you can sue a nursing home for negligence. Here is everything more about it to guide you through.

When Can I Sue a Nursing Home for Negligence?

There are ample incidents that track down to intentional abusing and misbehavior of nursing staff towards their residents. There may be accidents, irresponsible behavior, intentional acts, violent actions, and financial frauds that point towards nursing home negligence.

Here are some of the behaviors you should look out for to prove your case:

Failing to Create Safe Living Conditions

Go check out the nursing care premises and look for signs that create hazardous living conditions for your loved one. This could include improper sanitation, poor bedding, things that increase the risk of slip and fall accidents, violence between the residents of the place, and others.

Even after being fully aware of the situation, doing this purposely puts the nursing homes on the radar of negligent behavior, allowing you to sue a nursing home.

Negligent Hiring of Caretakers

The nursing staff is more responsible for providing negligent behavior to the residents. This could happen due to improper hiring of the employee, lack of proper staff training, lack of incentives, too much pressure of work, or lack of adequate supervision of the employees.

The nursing staff is likely to abuse, misbehave and act more violently if there are no consequences to their actions. The patient tends to suffer the most in such cases.

Improper Supervision of Elderly/Residents

In the first place, employees at the nursing home should ensure that no resident is hurt or injured physically. Even if such situations arise due to negligence, they should provide proper care to the resident until the resident returns to being normal.

They should also look out for bed sores if a resident is bedridden.

Failure to do so by the nursing staff also puts them under negligent behavior.

Improper Medical Treatment When Needed

Any failure of the nursing home to provide proper medications as and when needed also adds to their negligent behavior.

The assigned nursing staff must take complete care of medicines and install proper medical equipment as and when necessary. Failure to do so can also be termed as medical malpractice.

How Do You Identify Nursing Home Abuse?

Identifying a nursing home abuse or nursing home negligence can be challenging for the family members. However, any hints on the same should not be overlooked but further investigated.

Some of the ways to identify them include:

Visit the Nursing Home 

Whenever you visit your loved ones, talk to them openly about their likes and dislikes. Visiting the nursing home will allow you to get some hints on how they treat the residents. Look out for bed sores, hygiene, sanitary facilities, and other such settings that are evident.

Talk to Your Loved Ones

Sometimes talking to your loved one also help you to find out the problems they are facing. Try to read their mind and your loved one’s behavior. Look for signs of physical injuries and physical abuse.

Also, if your loved one is abused emotionally, you will see a change in the behavior like staying too numb and silent, sucking thumb, etc.

Talk to Other Residents

Talk to other residents of the nursing home and their family others. Are they facing similar doubts and negligence hints as you? Find out if the nursing home has a history of abuse and negligence of residents.

How to Take Action If You Suspect Nursing Home Negligence

Take speedy but calculated action when you are hinting a probable nursing home negligence with your loved one.

The first thing to do is record everything that can act as evidence in your case. Document the evidence, eyewitnesses and record the statement of other residents. Next, inform or report the incident to the responsible authority, i.e., nursing home organization.

Finally, take the help of a personal injury attorney that can help you in filing the case. He will be responsible for dealing with the legal work. If a lawyer thinks the case is strong enough, he can make full use of your recorded evidence and work upon them to seek compensation.

So, if you plan to sue a nursing home for negligence, our experienced attorneys are here to help you out. Contact us today to learn more.