When Are Nursing Homes Liable For Abuse?
Nursing home abuse is not only devastating for the victim, but for their entire family. Making the decision to place your loved one in a facility is heartbreaking already. To learn that your loved one has been abused by a staff member may bring up feelings of anger, frustration, and even guilt. It is important to remember that the only people guilty of nursing home abuse are the staff members, and perhaps the facility itself.
When filing a claim for civil damages, it is important to know who to hold liable for the abuse. Naming the wrong defendant in a nursing home abuse lawsuit will not only impede your chances of claiming the damages your family deserves, but it will also result in lengthy delays. Below, our Florida nursing home abuse lawyer explains when you can sue a nursing home, and when you must file a suit against the negligent staff member.
When Can You Sue a Nursing Home?
There are times when a nursing home facility can be held liable for abuse, even when it was a staff member that engaged in the wrongdoing. You can sue a nursing home any time they have failed to adequately train their staff, have not provided residents with their basic needs, or have failed to perform updates to the fact that they secure the comfort and safety of residents. Some of the most common instances in which nursing homes are considered negligent include:
- Hiring a person or people with a criminal record or who are not suitable to provide for the elderly
- Failing to provide water, food, or proper shelter to their residents
- Refusing to provide residents with the proper medications or medical care they need
- Failing to monitor and supervise staff members and how they care for their residents
- Failing to enforce policies and rules that prevent abuse of residents
- Failing to discipline staff members who are abusive to residents or who otherwise violate the policies of the facility
The above situations are just a few instances in which nursing homes can be held liable for abuse. However, there are times when individual nursing home staff members can be held liable.
When Can You Sue a Staff Member in a Nursing Home?
There are times when nursing home staff members do not follow the policy of the facility and they abuse the residents within the home. In these cases, the individual staff member may be held liable for nursing home abuse. For example, the facility may provide the necessary medical care and medication for a resident, but a staff member may withhold these things from the patient. In instances such as these, it is possible to sue a staff member in the nursing home.
Call Our Experienced Nursing Home Abuse Lawyer in Tampa Today
At Kohn Law, our Tampa nursing home abuse lawyer knows the devastation improper care causes, and is dedicated to helping family members make it right. We can put that experience to work for you, too. Call us today at 813-428-8504 or contact us online to schedule a free consultation and to learn more about how we can help.