Who is Liable for Nursing Home Abuse & Neglect?

When you discover that your elderly loved one was abused or neglected at their nursing home to the point of being injured or causing their wrongful death, one of your first thoughts may be: who is responsible? Without any previous experience with nursing home abuse or neglect, you may not know who is liable. Sometimes, the nursing home is wholly responsible, and in many cases, you would be correct. Yet, other individuals not affiliated with the home may also be partially or fully to blame. For a better understanding of liability for nursing home neglect and abuse, contact us at Studinski Law, LLC today. We are here to help you through this difficult situation.

Call us today at (715) 343-2850 to schedule a free and confidential consultation.

Who Perpetuated the Neglect or Abuse

In determining who is liable for nursing home abuse or neglect, you must first distinguish who perpetuated the harmful conduct. It may have been one individual or more than one. It may have been a person employed by the nursing home, someone who visited in a personal or professional capacity, or someone who trespassed on the facility’s property. Nursing home abuse and neglect is usually due to staff members at the facility, however, negligence or intentional misconduct by others is not unheard of.

The more precise evidence you have regarding the abuse or neglect, and the person responsible, the better. However, your claim is not necessary weaker if the evidence only points to nursing assistants, nurses, physicians, and other staff members in general. You may still have enough to prove the nursing home or another business is responsible. Or you may at least have enough to file a personal injury claim and then use the discovery process to gain more definite evidence.

Was the Responsible Individual Independent or Employed by the Facility?

Once you know who is responsible for the neglect or abuse that harmed your loved one, the next question is to determine whether they are independent, employed by the nursing home, or employed by another party, such as an outside contractor who provides a product or service to the facility.

Holding Independent Individuals Responsible

Individuals who are independent are usually responsible for their own behavior. Since they are not employed by someone who owed your loved one a duty like the nursing home, they may be personally liable for their actions. Your loved one may need to file a personal injury claim directly against that individual. If the neglect or abuse led to your loved one’s early death, then you may have the right to file a survival or wrongful death action against this person.

Holding Nursing Homes Responsible

The nursing or care facility itself is responsible for maintaining a standard of care regarding all its residents, which includes properly hiring, training, and supervising the staff. The facility is responsible for ensuring your loved one received all necessary medical care and attention while living in a clean and safe environment. If a staff member of the nursing home was careless, recklessness, or intentionally harmful, then the nursing home is responsible for its employee’s actions and failed to uphold its duty. Your loved one may be able to file an insurance claim or lawsuit against the nursing home or other party. If you lost your loved one due to the abuse or neglect, then you may be able to file a survival claim or wrongful death suit against the facility or other business.

Establishing Liability

If you believe the nursing home is responsible for your loved one’s injuries or death based on its employee’s actions, then you and your family member should understand the elements you will have to prove to obtain compensation. During an injury claim based on negligence, your loved one would need to establish:

• The nursing home owed a duty of care to them
• The nursing home breached that duty of care by providing substandard care amounting to neglect or by abusing them
• The nursing home’s neglect or abuse caused them harm that should be compensated

A nursing home’s duty of care can be established by federal and state law as well as the contact your loved one or their family signed when they entered the facility. By providing evidence of the neglect or abuse, then there is evidence of a breach of duty. You will also need proof of the type and extent of your loved one’s injuries to support the claim that your loved one deserves compensation.

Contact Our Nursing Home Abuse Lawyers Today

If your loved one was harmed by the improper care they received at a nursing home, call the nursing home abuse attorneys with Studinski Law, LLC right away. Nursing home neglect and abuse is one of our main practice areas. We have years of experience investigating the care elderly individuals receive in assisted living and nursing home facilities. When substandard care leads to neglect or abuse, we are here to hold the nursing home or appropriate party responsible and to obtain compensation for your loved one.

If the worst happened and you lost your family member due to neglect or abuse, call us at (715) 343-2850 for a free, no-risk consultation. We understand the difficulties of your situation and will guide you through a survival or wrongful death claim with compassion.