Who is Liable for Nursing Home Abuse?
Every year, approximately four million nursing home residents are subjected to some type of neglect or abuse in nursing homes throughout the country. While the statistics are alarming, nursing home residents and their family members should know they can hold liable parties accountable for nursing home abuse. Before filing a claim for damages, however, it is critical to first identify the liable party. It is natural to assume that a nursing home is always responsible for neglect and abuse, but that is not always the case. So, who can be held liable for nursing home abuse?
The Nursing Home
There is a reason people often first think they have to hold the nursing home liable for abuse and neglect. These facilities owe a very high duty of care to their residents and are responsible for ensuring residents have their basic needs met including food, shelter, and medical care. When nursing homes fail to meet this duty, they can be held liable. A nursing home may be liable for abuse in the following circumstances:
- Negligent hiring or training of staff
- Failing to properly supervise staff members
- Failing to provide adequate security
- Failing to provide residents with their basic daily needs
- Medical negligence
- Failure to protect residents from health and safety hazards
- Unreasonable or improper use of restraints
- Intentional abuse
Although there are many situations in which a nursing home can be held liable for abuse, other parties can be found at fault, as well.
Manufacturers of Defective Equipment
Nursing home residents often rely on certain types of equipment to assist them with daily tasks. For example, a resident may require a wheelchair or a walker to help with their mobility. It is easy to assume that a broken hip is due to the negligence of nursing home staff members, but the devices seniors use may also be defective. Manufacturers are responsible for ensuring their products are safe to use, and that includes when a manufacturer supplies a nursing home with equipment and other products. When equipment is defective and results in an injury to a senior, manufacturers can be held liable.
Nursing homes often rely on contractors to provide certain services. For example, a nursing home may hire a contractor to provide security to the facility. Or, a nursing home may use a contractor to inspect and maintain the equipment on the property. When these parties do not meet their duty of care by failing to provide the service as required, they can also be held liable.
Our Florida Nursing Home Abuse Lawyers Can Determine Liability
Learning of nursing home abuse and neglect is always difficult, but it is not always the nursing home that is to blame. At Kohn Law, our Tampa nursing home abuse lawyer has the necessary experience to identify the liable party and will hold them accountable for paying any damages a resident has incurred. Call us today at (813) 428-8504 or fill out our online form to schedule a free consultation so we can get started on your case.