LEGAL CLAIMS AGAINST NURSING HOME ABUSE

When a resident suffers nursing home abuse or injury, that resident, or the resident's family member, may have several claims against the nursing home.

It is prudent to have a team of experts evaluate the medical records of your loved one to determine if a medical mistake or negligence caused injury or harm.

Although the precise claims the injured resident or the family member may have will depend on the circumstances surrounding the injury, the following is a list of potential claims:

Negligence

In its broadest sense, negligence is carelessness. When a nursing home or its employee is negligent or careless and a resident gets hurt or sick, the nursing home can be sued for negligence and may be required to pay money damages.

Oftentimes, the negligence seen in a nursing home is part of a "pattern of negligence." This "pattern of negligence" may stem from corporate greed. Simply put, to increase profits, many nursing homes decrease staff, provide less training for the staff employed, cut management and oversight personnel, and hire employees who are not properly trained.

When this type of nursing home abuse occurs, residents can fall victim to malnutrition and dehydration; bedsores; elopement and wandering issues; inadequate security; broken bones or other injuries due tofalls; injuries related to improper restraints ; emotional abuse; physical abuse; and sexual abuse.

Medical Mistakes

A medical mistake is a form of negligence involving the carelessness of a health-care professional. Many times, nursing home residents are subjected to various medical mistakes.

A common form of medical mistake found in a nursing home is overuse or under-use of medication. This may be the result of corporate greed. In other words, to increase profits, many nursing homes decrease staff, provide less training for the staff employed, cut management and oversight personnel, and hire employees who are not properly trained. As a result, a nursing home resident may become the victim of a medication error.

Nursing home residents are entitled to accurate pharmaceutical services. They are also entitled to supervised medical care by a physician and sufficient nursing care.

When an injury results because of substandard medical care, a nursing home resident may have a case for nursing home abuse against the medical director and/or physicians, the nursing home administrators, and the director of nursing.

Medical Assistance Fraud

Most nursing homes accept Medicaid and/or Medicare. When a nursing home accepts federal medical assistance, it must comply with federal laws governing nursing homes. This means that it must comply with the Nursing Home Reform Act. When a nursing home that accepts federal medical assistance fails to comply with the Nursing Home Reform Act, an injured resident can bring a claim for medical assistance fraud.

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Acts of nursing home abuse or negligence occur when daily care strays from what is commonly accepted as the "standard of care". Here are many common deviations from the standard of care that can result in nursing home abuse

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