Can a Nursing Home Be Sued for Neglect?
A lawsuit can be filed against a nursing home if staff members did not meet the standard of care that should be afforded to residents and their negligence caused harm. This remedy will not make the fear and discomfort the residents experienced go away, but it will bring justice to the system.
What is Nursing Home Neglect?
Nursing facility neglect is the lack of care a resident should receive. Technically, it is not elder abuse. It differs in that abuse is often intentional and meant to belittle and physically or financially hurt the elderly. Neglect is not intentional, although there is some crossover when disregard for the resident is used as a weapon. By and large, neglect is the easy way out of caring for another human being at a time when they need help the most.
What Are Examples of Nursing Home Neglect?
The following are some of the most common examples of nursing home neglect:
- When staff does not provide clean bedding or clothing
- Failure to adequately care for bedsores or other wounds
- Provide help when a resident of a nursing home asks for it
- Maintain strict safety standards in the facility
- Maintain a clean environment for the facility’s residents
- Provide clean and adequate food and liquids
Is Nursing Home Neglect Common?
Nursing home neglect is a common problem across the world. According to the World Health Organization, roughly 12 percent of the residents in a nursing care facility are neglected. Unfortunately, many residents do not report their neglect for fear of repercussions. There are reports of residents being treated badly after reporting neglect in a nursing facility.
What Types of Nursing Home Neglect Exists?
There are three main types of neglect in a nursing care facility. These include medical care neglect, hygiene and the lack of basic living needs.
This happens frequently and leads to a fatal situation in some cases. Commonly, it involves failing to give residents the proper medicine or dosage for their medical condition. Other instances of medical neglect are failing to care for fall injuries such as fractures, not calling a doctor or taking the resident to the hospital or calling for an ambulance if an emergency arises.
Many times, staff in a nursing facility fails to provide proper hygiene. In short, they do not clean resident rooms on a regular basis, wash bed sheets or clothes or make sure the residents are bathed.
Taking Care of Residents’ Basic Needs
This category includes helping the resident when they need to visit the bathroom or cleaning portable units regularly or when used. Another big area involves nutrition. Many times, residents fail to eat properly or maintain a healthy weight not because they do not have an appetite but because food and liquids are not always provided.
Filling a Lawsuit Against the Nursing Facility
Your elder abuse attorney can help you file a personal injury lawsuit against the facility. After visiting with the family and the resident, they can build a strong case by fully explaining how the resident was neglected. They may also take testimony from other residents. Once the data is amassed, a formal civil lawsuit is filed.
The Morris Law Firm – Helping to Keep the Elderly Safe
At Morris Law in Myrtle Beach and Murrells Inlet, we work hard to keep the elderly in our community safe. If you suspect a loved one is being neglected or you are experiencing it personally, contact us at (843) 232-0944 for a free case review. You can also contact us online if that is easier for you.