Who is Liable for Resident-on-Resident Abuse in Nursing Homes?
When many people first think of nursing home abuse, their thoughts often first turn towards staff members physically or emotionally harming residents in the facility. However, resident-on-resident abuse is also more common than people think. Residents can become angry or frustrated, or suffer from certain conditions such as dementia, that cause them to lash out against other residents and cause them harm. So, who is liable in these cases? Below, our Tampa nursing home abuse lawyer explains in further detail.
When are Nursing Homes Liable for Resident-on-Resident Abuse?
Nursing home staff members and administrators are liable for resident-on-resident abuse when their negligent actions caused or contributed to the wrongdoing. Common examples of nursing home negligence that can result in resident-on-resident abuse are as follows:
- Improper supervision: When nursing home staff members are not trained properly or do not provide the necessary supervision, they may not be able to prevent an altercation or intervene in a dispute.
- Improper hiring or training: Nursing homes may be liable if they failed to properly train staff members to recognize and prevent resident-on-resident abuse.
- Improper screening of residents: Nursing home administrators must not only screen potential staff members, but also any resident they are considering admitting. If a potential resident has a history of violence or aggression and they do not take the necessary precautions to protect other residents, the facility can be found liable.
- Understaffing: Understaffing is a notorious problem in nursing homes and it can also contribute to resident-on-resident abuse. There may not be enough staff members to prevent an altercation or supervise residents when they are together.
- Failing to separate residents: If staff members were aware of issues between certain residents and did not take certain steps to avoid a confrontation, the facility may be held liable. For example, if two residents share a room and cannot get along, one resident may have to be moved to another room.
Can Residents Be Held Liable for Abuse?
When someone harms another person, intentionally or negligently, the injured individual can often file a civil lawsuit against them. This may be true when one nursing home resident harms another, but these cases can be very challenging.
It is not uncommon for aggressive residents to suffer from mental disorders such as dementia. Due to the fact that they may not have had the mental capacity to understand what they were doing, this can make filing a claim against them very challenging. Additionally, residents in nursing homes often do not have the necessary assets to pay for damages, which can make it very difficult for injured residents to obtain the compensation they deserve.
How Can Our Nursing Home Abuse Lawyer in Tampa Help?
Taking legal action after resident-on-resident abuse in a nursing home is possible, but these claims can also present many challenges. At Kohn Law, our Tampa nursing home abuse lawyer can help you overcome the complexities that may arise so your loved one obtains the full damages they need to cover the cost of their injuries. Call us today at 813-428-8504 or contact us online to request a consultation with our experienced attorney and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
