Who is Liable for Nursing Home Abuse?
The National Council on Aging estimates that 1 in 10 Americans over the age of 60 have experienced elder abuse. In the state of California, anyone 65 years or older is considered an elder. Most states have their own definition of elder abuse, but in California, elder abuse is purposely inflicting mental suffering or physical pain upon an elderly person. Such abuse can occur anywhere, but nursing homes have a high rate of occurrences.
When Abuse Occurs in the Nursing Home
When dealing with nursing home abuse, it’s not always clear who is liable. If you want to pursue the case in a court of law, then you must know who is legally liable for the incident. Here are a few scenarios in which the nursing home is almost always liable.
- Improperly Trained Staff: The nursing home is responsible for training staff members. Any staff responsible for patient care should receive training to adequately perform their duties. If the nursing home doesn’t provide the correct training, then the facility is likely liable for any damages that occur.
- Inadequate Security: Nursing home residents often suffer from mental conditions, such as Alzheimer’s. They may wander out of the facility if there’s not proper security. Patients can get lost, hurt, or worse when they’re unattended. The nursing home is responsible for making sure patients are securely inside the facility.
- Medical Negligence: Ignoring the medical needs of a patient is a form of abuse. Failing to provide the proper medication in the proper dose is abuse as well.
- Willful Abuse by Staff Members: Although the staff member is responsible for the neglect, the nursing home is responsible for the staff member.
If you suspect that any of these situations have occurred to a loved one, contact a Los Angeles nursing home abuse lawyer. An experienced lawyer can help you get justice for your elderly loved one. For a reliable elder abuse attorney Los Angeles, feel free to give us a call and we will get you the help you need.
What to Do When You Suspect Abuse
It’s important to act quickly when abuse is suspected. Contact a Los Angeles personal injury attorney as soon as possible. You’ll need legal guidance to help determine if the nursing home is liable for the abuse. It will also help to have someone who is familiar with past nursing home liability cases. For a local nursing home abuse attorney Los Angeles residents can trust, contact Grey Law.
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