If you place people you love into a nursing home, you expect them to receive the care and attention they need. These nursing facilities should have staff members well trained in care, while the medical supplies and devices used need to be appropriate for the care being provided. If your loved one isn't treated fairly or is neglected, you may be able to file a lawsuit against the company for negligence.
When are nursing homes liable for injuries that take place there?
Nursing homes can be held liable for injuries that their workers cause to patients through neglect or abuse. False imprisonment or other violations can also result in the nursing home being held liable.
There is a process that takes place when a person is hurt at a nursing home. First, there is an investigation into the event by the protective services agency. Second, a lawsuit may be filed by the family or person who was hurt in the nursing home. Finally, criminal prosecution can take place if necessary. Sometimes, only one or two of these processes take place, while in other cases, all three will.
The initial step including investigation is required to help make sure anyone in harm's way is protected. If you decide to move forward with a civil lawsuit, then you'll want to prove the nursing home liable. You can show this by describing negligence is supervision and care, negligence in the maintenance of equipment or the type being used, negligence of the premises, or negligence during hiring or when retaining employees.
You'll want to prove that the nursing home's staff breached a duty of care to your loved one and that the injury was a direct result of that breach.
Source: FindLaw, "Nursing Home Abuse Claims," accessed April 06, 2016