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Home Health

When Can Someone Sue a Nursing Home for Negligence?

mindmingles by mindmingles
2 years ago
in Health
Reading Time: 3min read
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Sue a Nursing Home for Negligence
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Article Summary

  • Difference between Nursing home Neglect and Abuse
  • Signs of Nursing Home Neglect
  • Warning Signs for Nursing Home Neglect
  • Conclusion

Nursing homes look after the well-being of patients. Negligence means when the older adults or family members are not getting adequate care and experiencing severe illness or mistreatments. We will let you know when you can sue a nursing home for negligence.

Some of the common types of nursing home neglect are as follows: 

  • Social disconnection 
  • Emotional neglect
  • Casualty in basic requirements
  • Absence of personal hygiene
  • Any medical malpractice

Nursing home negligence can be in any form. When anyway harms a patient, it counts as abuse. In such a scenario, family members can take legal action against the fall in nursing home and sue the nursing home for negligence.

Difference between Nursing home Neglect and Abuse

Slight negligence on a matter can turn to nurse home abuse. However, in some cases, neglect and abuse can differ minutely in the following ways:

  • In terms of Action

Nursing Homes most likely pass on passive negligence. It occurs when the caregiver pays more attention to the attacker than the victim. It occurs when the denizen feels they are not or less heard.

  • Malefactors

Nursing home neglect is generally observed by the caregiver of a denizen. 

Signs of Nursing Home Neglect

There is a high chance a nursing home denizen is staying put about the neglect and fall in nursing home. Most of the time, silence comes out of fear that the care might worsen or the caregivers might go harsher with the person voicing everything out.

The situation gets beyond control for those with dementia and similar mental health problems, for their communication incapability. In such cases, family members must shower care to the patient, monitor the nursing home matters. In case of any ill-treatment or negligence, legal action is necessary.

Warning Signs for Nursing Home Neglect

  • Absence of eyeglasses, hearing aids, dentures to those who need
  • Hesitancy for caregivers
  • Bedsores, if they are not improving and properly cared
  • Lack of energy
  • Poor personal hygiene
  • Confusion
  • Weight loss of denizen
  • Worsening of medical and mental conditions that seems odd
  • Injuries without any cause or questionable cause
  • Unusual mood swings leading to withdrawal, depression, and agitation
  • Any sign of malnutrition or Dehydration

However, under certain circumstances, the establishment condition of the nursing home might be directly responsible for the negligence. For example –

  • Insufficient food and utilities in pantry
  • Lack of clean water supply
  • Absence of medical equipment
  • Lack of space
  • Poor ventilation
  • Faulty electric wiring
  • Unclean wards
  • Insect or rodent pestilence 

Despite these reasons, legal actions are welcomed when someone is unsure about the treatment and care the nursing home is providing. Nursing home neglect is severe and, sometimes, can cause death if addressed late. 

However, the ongoing lawsuit process will note the complaints addressed by a party. The lawyer’s information makes the case worth fighting for.

Conclusion

Nursing homes and caregivers occupy a trustable position. When the trust breaks, they lead to devastating outbreaks for both families and denizens. Take legal steps when necessary and protect them. 

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