Your Guide to Nursing Home Abuse & Prevention
Millions of elderly adults live in nursing home facilities.
Every one of them deserves to feel safe, protected, and respected.
Millions of elderly adults live in nursing home facilities.
Every one of them deserves to feel safe, protected, and respected.
In any personal injury claim, you may hear the term duty of care. But what does the duty of care mean for nursing home residents?
With that, this duty represents the obligation of staff, management, and the facility as a whole to provide a standard of care that protects their safety, dignity, and quality of life. Let’s find out what that means for your loved one and what you can do if the nursing home has breached its duty of care.
At its core, duty of care is a legal and ethical obligation to act in the best interests of another party. With that, individuals should avoid any actions or omissions that could cause harm. For nursing homes, the facility and its staff must take reasonable steps to prevent harm and promote residents’ health, safety, and well-being.
There are a few elements at nursing homes and their staff members need to meet. These include:
Nursing homes must protect the physical safety of residents through proactive measures. One of the biggest issues concerns falls. When an older resident takes a tumble in the facility, it can lead to long-term issues, including an increased risk of death. For that reason, these homes need to implement safety protocols, maintain clean, obstacle-free hallways, and provide mobility aids.
Along with that, staff members need to address the needs of these residents. For example, they need to monitor health conditions and ensure medication is provided to the resident. Also, every resident is entitled to a healthy, nutritious meal that meets their needs.
However, duty of care extends beyond just a resident’s physical needs. All individuals must be treated with kindness and respect. Also, facility members must encourage participation in social activities and create opportunities for residents to connect with peers, family, and staff.
Sometimes, mental health can suffer in these environments. For that reason, a person should be monitored for any changes, such as signs of depression or anxiety, which can develop from isolation or health challenges.
Additionally, nursing homes must protect residents from all forms of abuse, including physical, emotional, sexual, and financial exploitation. This requires:
Nursing homes that fail to meet their duty of care may face legal consequences, including lawsuits for negligence or malpractice. They can also be in violation of state laws and regulations.
Negligence can happen when a nursing home or its staff breach their duty of care. These situations can lead to some type of harm to the resident, either physical, financial, or emotional. These examples include:
When it comes time to take legal action, the courts will assess whether a nursing home has met its duty of care. They will look at whether the actions taken were consistent with the standards expected of a reasonable and competent professional in a similar situation.
Along with that, there are government agencies that oversee the actions of nursing homes. The Centers for Medicare & Medicaid Services (CMS) establish regulations and guidelines to make sure nursing homes uphold their duty of care. If a facility fails to comply, it may face fines, penalties, or loss of licensing.
Breaches should never occur, but this oversight can happen for a variety of reasons. Many times, staff shortages are a big problem. Understaffing can lead to overworked employees. In turn, that can increase the likelihood of errors and reduce the quality of care. Also, budget constraints can affect the availability of equipment, supplies, and training necessary to maintain high standards of care.
No matter the reason, nursing homes have an obligation to provide high-quality care to all patients. They can be held liable in a personal injury lawsuit when they fail to do so.
There are a few steps that you can take to ensure the well-being and safety of your loved one in a nursing home.
Before selecting a nursing home, you should examine its reputation, licensing, and compliance with regulatory standards. If there are any issues, you might want to investigate them. In some cases, it could be better to choose another faculty.
Once your loved one resides in a facility, you will want to make regular visits, talk to the staff, and participate in care planning meetings to ensure all their needs are being met.
Of course, if signs of neglect or abuse arise, you must report concerns to the facility management and a regulatory agency immediately.
When a staff member or an entire nursing home facility has breached their duty of care, that is a serious matter. If that has led to harm caused to your loved one, you have the right to take legal action. My Nursing Home Abuse Guide can help connect you with legal help for your situation.
This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of nursing home abuse and neglect cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.
866-351-2504