Who Is Liable For Nursing Home Abuse?

Nursing home abuse is a serious concern in our communities and for families who have entrusted the care of their loved one to a nursing home. That is why legal protections are available that allow for a claim for damages to be brought when the victim has suffered abuse in a nursing home or long-term care facility.

Nursing home residents can, unfortunately, suffer both physical and psychological abuse in a nursing home or long-term care facility setting. Different conditions can be present in a nursing home that can contribute to victims suffering nursing home abuse. When a nursing home retains poorly qualified or inadequately trained staff; staff that has a history of violence; an inadequate number of staff; or isolates residents, the nursing home may be liable for damages suffered by the victim as a result.

Instances of nursing home abuse may result in regulatory investigations, criminal charges or a civil claim for damages brought by the victim or family members of the victim in some instances. Civil liability may be based on negligence or other legal standards. A nursing home may face a claim for damages based on negligent hiring and retention of staff members; negligent personal supervision or care; negligent maintenance of the premises; or negligent selection or maintenance of equipment.

A claim for damages for nursing home abuse can be complex which is why it is useful for victims of nursing home abuse and their families to understand the elements of a claim. It is also helpful for victims and families to ensure all of their questions about a claim for nursing home abuse are answered because of how important the legal protections are to help victims recover compensation for their damages.