Nursing home abuse and filing a civil action

Placing a loved one in a nursing home is not an easy task. While it is difficult to remove a loved one from their home, there is likely some relief knowing that this family member is cared for and watched after. Unfortunately, not all nursing homes meet the standards that they are required to and provide the care that is necessary to ensure the safety and wellbeing of the residents. Nursing home abuse is a serious situation that causes harm to elderly residents, even taking the lives of some.

If abuse, neglect or exploitation is suspected, different types of proceedings could ensue. First, an investigation could take place, making a determination on these claims. Second, a civil action could result with the victim or their loved ones seeking damages for harms caused. Finally, a criminal proceeding could take place.

When a civil action is filed against a nursing home, this is likely to be the cause of certain events. This could include negligent supervision and care, negligent hiring of staff, negligent maintenance of the premises or the negligent selection or maintenance of equipment used on site. When holding a nursing home liable, one must prove three things. First, the nursing home owner or employees breached their duty of care owed to the resident injured. Second, the injuries suffered were a result of that breach. Finally, the owner of the nursing home or employee of the nursing home caused the injury to the resident.

If one believes that a loved one is a victim of nursing home abuse or neglect, it is important to understand what can be done. Taking legal action not only puts this horrible situation to a halt, it explores the cause and liability of the abuse. This can help the victim and their loved one seek compensation for the damages suffered, helping to address losses such as medical bills, pain and suffering and other similar losses.

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