What Parties May Be Liable for Nursing Home Neglect or Abuse?

 Posted on February 17, 2021 in Nursing Home Abuse

Nursing homes should be places of refuge for elderly and disabled individuals. Sadly, some nursing home residents suffer from neglect or even intentional maltreatment. A nursing home injury claim may allow an injured victim or the victim’s family to hold the liable party accountable for the neglect or abuse. A nursing home injury claim may also allow for the recovery of damages. Compensation for medical treatment, pain and suffering, emotional distress, and other damages may be available. However, in order to bring a nursing home injury claim, the liable party must be identified.

The Nursing Home Facility is Often the Liable Party

The party that is legally responsible for an injury or death is called the liable party. In many nursing home injury claims, the liable party is the nursing facility itself. Nursing homes have a legal obligation to provide competent care and assistance to residents. The following issues are examples of ways that nursing homes may be in violation of that obligation:

• Failing to perform background checks on staff or other negligent hiring practices
• Failing to properly supervise staff
• Failing to maintain adequate staff numbers
• Lack of medical care
• Medical mistakes including medication errors
• Failure to provide adequate assistance with daily living activities
• Insufficient sanitation of the facility
• Failing to maintain a safe facility
• Failing to provide adequate security measures
• Intentional abuse of residents

Even if an individual staff member is the cause of nursing home neglect and abuse, the claim is typically brought against the facility that the staff is employed by.

Other Liable Parties in a Nursing Home Injury Claim

The nursing home facility is often the liable party in a nursing home injury claim. However, there are other parties who may be liable as well. An outside contractor who is not employed by the nursing home may be to blame for a resident’s injury or death. For example, if insufficient sanitation caused a resident to suffer an avoidable infection, the company contracted to clean the facility may be liable. A product manufacturer may be liable if a defective product such as defective mediation or medical equipment caused the nursing home resident’s injury or death.

Contact a Chicago Nursing Home Injury Lawyer

If you or a loved one suffered due to nursing home neglect or abuse, you may be able to hold the liable party accountable and recover compensation for damages through a personal injury claim. A Cook County nursing home neglect and abuse attorney can help you identify who is liable for the injury or death and represent you throughout your case. Call 312-535-4625 for a free consultation.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/190.00.pdf