Nursing home abuse is one of the most underreported crimes in the United States. The process of holding a nursing home labile for the injuries or damages received as a result of improper care or abuse is a nursing home abuse lawsuit. There are times where victims of nursing home abuse may not have a contract, however, and wonder if they are still able to file a lawsuit.
Liability Without a Contract
Residents of nursing homes — or their families — who are injured as a result of improper care may indeed receive compensation, even without a contract. It is the responsibility of the nursing home to provide proper care for its residents, regardless of whether or not a contract has been signed. The following are some instances that may warrant a lawsuit:
- Irresponsible or negligent care or supervision
- Hiring and retaining employees negligently
- Improper maintenance of the property, leading to injury or death
- Improper maintenance of any equipment
- Improper training of employees
A nursing home owes each of its residents a duty of care. If this duty of care has been breached and has led to an injury or even a death, the nursing home can be held liable.
Notification of Neglect or Abuse
All states currently have systems in place for reporting accusations of abuse, exploitation, and neglect of the elderly. Once a complaint has been filed with the proper state authorities, an investigation will usually take place. This will include interviews with not only the resident but also his or her family as well as nursing home management and employees.
If it’s found that the allegations are warranted, Adult Protective Services will step in to provide services to the elderly person. This is meant to correct the situation and prevent it from happening again. However, there are many times where the victim’s family or the victim may not feel content or rightly recompensed for the injuries or emotional distress that occurred. Often, just transferring the resident to another facility is not enough to help cope with the physical and emotional distress of the situation.
In these cases, it’s best to speak with an experienced nursing home attorney about bringing a lawsuit against the nursing home. Without filing a lawsuit, adequate compensation cannot be guaranteed. Additionally, criminal prosecution may be necessary depending on the severity of the abuse. A nursing home lawyer, like a nursing home lawyer in Maryland, can help advise about the benefits of going to trial, if necessary, and what types of compensation or aid may be available.
Thanks to Brown Kiely LLP for their insight into how to get compensated for any kind of nursing home abuse or improper care.