Nursing Home Abuse

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Older people frequently opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical and/or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients. However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear.

There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding:

1) an investigation and finding by an adult protective services agency;

2) a civil cause of action for damages (a lawsuit); and/or,

3) a criminal prosecution.

These three types of proceedings have different objectives. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil action (lawsuit) is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct.

Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide, and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an experienced attorney as soon as possible to ensure that your legal rights to compensation are fully assessed and protected, especially in light of time limits for filing a lawsuit for nursing home injuries. Contact Brent M. Cordell for a free consultation. We will use our experience, knowledge and resources to achieve the best possible results for you and your family.