Who is Liable if a Nursing Home Resident is Injured by Another Resident?
Many people are surprised to learn that one of the most pressing concerns in many nursing homes is the threat of resident-on-resident harm. Nursing home residents who are suffering from cognitive impairment or other illnesses may lash out at other residents. In some cases, altercations between nursing home residents leads to serious injuries.
Preventing Physical Confrontations Between Nursing Home Residents
Illnesses that affect a person’s perception of reality can make the person act in ways he or she never would otherwise. A sweet grandmother who never had a mean thing to say may develop Alzheimer’s disease and turn into a completely different person. She may swear, throw things across the room, or say cruel things to other residents and staff. This is one reason that it is so crucial that nursing home staff be careful about leaving nursing home residents alone together.
Nursing homes should be places of refuge and safety. When a nursing home fails to keep a resident safe, the nursing home may be liable for damages. One way that nursing home staff can keep residents safe is by properly supervising the residents – especially if any of the residents has a history of violent behavior. If staff notice that a resident is becoming agitated or upset, they should remove the resident from the situation and give the resident time to cool off. If a situation does escalate and a resident is injured, that resident should receive medical care immediately.
Legal Responsibility for Injuries Caused by
If nursing homes fail to properly supervise residents and a resident is attacked by someone, the nursing home may be culpable. The injured resident or the resident’s family member may bring a claim against the facility for damages. The purpose of a nursing home injury claim is to hold the nursing home accountable for the harm caused by the staff members’ negligence. A claim may also allow for the recovery of monetary damages, including compensation for medical bills and pain and suffering.
A successful nursing home injury claim may also serve to prevent future instances of neglect. Unfortunately, it sometimes takes a nursing home being sued for the facility to take resident safety as seriously as they should.
Contact our Chicago Nursing Home Injury Attorneys
If a nursing home resident physically harms another resident, the injured resident may have a right to damages. The resident or the resident’s family member can file a claim against the facility to pursue damages. If your loved one was injured while staying in a nursing home, our Cook County nursing home injury lawyers can evaluate your situation and help you take the necessary legal action. Call 312-535-4625 for a free consultation.
Source:
https://theconsumervoice.org/uploads/files/issues/rrm-brochure-508-compliant.pdf