When is a Nursing Home Liable for Injuries?
- May 8, 2018
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A nursing home owes a duty of care to residents, such as providing food, shelter, hygiene and medical care. However, when an act of negligence either based on the conduct of an employee or on a policy or ongoing practice on the premises ends up causing injuries to a resident, the nursing home can be held legally responsible.
If the injuries resulted from the following, nursing homes can be held legally responsible:
- Negligent training of staff
- Negligent hiring of staff, such as a failure to perform adequate background checks
- Failure to properly monitor staff
- Failure to provide adequate security
- Failure to provide for the daily necessities of living, such as food and water
- Medical neglect, such as failure to address medical needs or provide medication
- Failure to protect from health and safety hazards
- Imposition of unreasonable or dangerous physical restraints
- Intentional abuse by staff members
If the plaintiff can show that the nursing home’s negligence played a role in causing injury to the resident, the nursing home facility will be held liable for all consequent damages.
Sometimes, third parties may also be held responsible for causing injuries to residents. For instance, when a defective piece of medical equipment such as a wheelchair malfunctions and causes injuries to a resident, the manufacturer of the defective equipment will be held liable. Other common third parties who may be held liable for a nursing home injury are contractors and visitors.
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