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Nursing Home Negligence

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What Is Nursing Home Negligence?

Nursing home negligence occurs when an employee, staff, or other personnel at a nursing home fails to exercise the duty of care that is owed to the patients and residents at the home. In order for an employee to be held liable, the employee’s breach of their duty must be the direct and proximate cause of the patient’s injury, and the injury must be real and objectively measurable.

Negligence in a nursing home setting can often occur due to factors such as:

  • Understaffing
  • Employees working too many hours or too many shifts
  • Failure to inform employees of state and federal health/safety standards
  • Miscommunications between employees

Examples of Nursing Home Negligence

Nursing home negligence can include many different types of violations, including:

  • Failing to respond to patient requests or complaints
  • Failing to provide food or medication at the required time
  • Leaving a patient unattended, especially if they need special supervision
  • Not screening visitors
  • Direct abuse of a patient
  • Negligence in relation to bathing, changing clothes, and other duties

Nursing home neglect or negligence can often go unreported, especially in cases where the patient is elderly or senile. In such cases, the negligence may be discovered through investigations or from personal reports. State-sanctioned investigations can uncover many violations in care homes.

What Are the Penalties for Nursing Home Negligence?

Nursing home negligence can lead to civil damages for the losses caused to a patient. This can cover losses like medical expenses, hospital bills, and even property damage, if applicable. Also, in some cases, the individual employee may face consequences, or the entire care home can face additional penalties, especially if the cause of the negligence violates federal or state regulations for nursing homes.

Should I Hire a Lawyer for Help with Nursing Home Negligence?

Nursing home negligence can often lead to serious legal penalties and consequences. You may need to hire a personal injury lawyer if you or a loved one has been involved with nursing home negligence. Your attorney can provide you with legal advice for your case, and can also represent you if you need to attend any court hearings.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 05-28-2014 04:59 PM PDT

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