Can you hold a nursing home liable for any injuries caused by their employees? The answer is yes. There is a legal doctrine that is known as respondeat superior, that holds a company liable for the actions or inactions of its employees provided the employees commit those acts within the scope of their employment. It’s very easy to invoke this doctrine against nursing homes because nursing homes owe their patients the duty of care.
What does the duty of care for elderly nursing home residents mean?
Residents of a nursing home have the right to a duty of care from their caregivers. this means that their caregivers should not abuse them in any way whether physically mentally or financially.
How to prove negligence in a nursing home
In order to prove negligence you must show:
- The resident was owed a duty of care
- There was a breach of that Duty
- Causation
- Damages
Nursing homes or a duty of care to their residents and all employees are expected to uphold their duty of care. If they fall short of that duty, they can expose the nursing home to a lawsuit. examples of negligence include:
- Negligent maintenance or selection of equipment
- Negligent retention and hiring of employees
- Negligent care and personal supervision
- Negligent maintenance of the premises
What happens when there is a breach of contract?
When you take your loved one to a nursing home you enter a contract with the nursing home that states the services they will provide and how much it will cost. when your loved one experience is any form of abuse in the nursing home then the actions of the employees go against the promises made in the contract and therefore you can file a nursing home abuse lawsuit against the nursing home. You can invoke a respondeat superior if you can prove that the employee was working within the scope of their employment when the breach of contract occurred.
Can you bring criminal charges against the nursing home?
The Commonwealth of Massachusetts has laws and regulations pertaining to the care of the elderly in nursing homes. According to Massachusetts law, all employees are mandated to report any kind of abuse that they witness inside the nursing home.
Those that fail to report may be penalized or incarcerated. Unfortunately, abuse may not be detected immediately and feelings of shame over the abuse might prevent the victims from reporting the abuse to their loved ones or to authorities.
Nursing home abuse is preventable
One of the biggest reasons for nursing home abuse is a shortage of qualified staff members which often leads to burnout. The best way to reduce abuse is by ensuring that the staff members are not overworked and properly screened before hiring them. They should also be trained on how to effectively and calmly deal with an aggressive or uncooperative resident.
Signs of nursing home abuse
- Unclean and unsanitary conditions
- Sudden or unusual changes in behavior
- The unexpected or unexplained death of the Resident
- Dehydration
- Bed injuries
- Bedsores
- Unexplained fractures or other physical injuries
- Extremely withdrawn agitated or upset
- Malnutrition
- Infections
- Wanting to be isolated from others
Types of nursing home abuse and neglect
- Sexual assault or battery
- Lack of medical assistance for existing medical problems
- Seclusion or unreasonable physical restraint
- Deprivation of water and food
How to report a nursing home for abuse and neglect in Fall River Massachusetts
If you are a nurse who Suspects mistreatment neglect or abuse in the nursing home you must immediately make a report to your employer or your supervisor. they should then notify the Department of public health electronically or orally. An oral report must be followed by a written report within 2 days. The Department of Public Health will then forward the report to the Attorney General and the appropriate registration board. Failure to make a report attracts a fine of up to $1,000 and disciplinary action by the board.
If you discover that your loved one is being abused in the nursing home the fastest way to report the abuse is by calling 911. Are two main reasons for calling 911
- You will alert the police that there is ongoing abuse in the nursing home and the residents are not safe
- Your loved one will receive medical care as quickly as possible
Contact our Fall River nursing home abuse lawyer
If your loved one has been abused in a nursing home, you may have a claim against the home. We can review your case free of charge. Contact our nursing home abuse lawyers in Fall River today by calling 508-676-0001 to find out which options you have.
