fall river nursing home abuse lawyerIt is estimated that every year 4 million elderly citizens are abused psychologically or physically and many of these instances happen in nursing home facilities. Unfortunately, assigning liability is not always straightforward because the nursing home might not be directly involved in the abuse. If your loved one suffered injuries while in a nursing home facility, you should consult the services of a Fall River nursing home abuse lawyer as soon as possible.

Which incidents of abuse should the nursing home be held responsible for?

A nursing home owes a duty of care to its residents. For instance, the staff is tasked with the responsibility of providing the residents with medication and preparing their food. In some cases, they may be required to assist with physical activities and therapy. Due to the nature of the services that the staff offers to residents, it sets up situations where abuse or injuries are likely to occur.

Below are the categories under which a nursing home can be held liable for injuries suffered by its residents:

  • Intentional and malicious abuse buy the staff
  • Imposing dangerous or unreasonable physical restraints
  • Failure to protect from safety and health hazards
  • Failing to provide medication or address medical needs
  • Failure to provide basic necessities such as food and water
  • Failure to monitor staff activity
  • Hiring incompetent staff or negligently hiring staff

You can work with your Fall River nursing home abuse lawyer to prove that the nursing home was negligent and that their negligence directly contributed to your loved one’s injuries.

When can the nursing home not be held liable?

Whenever your loved one suffers any kind of abuse at the nursing home it’s easy to assign blame today home. However, this is not always the case.

Example

Jane’s grandmother recently suffered a bone fracture while at the nursing home. Jane immediately assumed that one of the staff members intentionally caused her injuries. Upon further investigation, it was found that the wheelchair that Jane’s grandmother used had malfunctioned causing her injury.

In Jane’s situation, it is possible to hold more than one party responsible and they include:

  • The outside contractor who failed to maintain the wheelchair
  • The manufacturer of the wheelchair. In this case, that wheelchair may have a manufacturing defect
  • The staff at the nursing home may have been improperly using the wheelchair

Example 2

John’s grandfather recently suffered food poisoning at the nursing home. He accused the nursing home of negligently handling food. An investigation was launched and it was found that the vendor who supplied the nursing home with food give them a batch that was contaminated. In this case, the right person to hold liable for the injuries John’s grandfather suffered is the food vendor.

What should you do if you suspect abuse at a nursing home?

You should immediately report your suspicions to the proper authorities. The state of Massachusetts has a toll-free hotline number that you can call. If you live in another state you can find the numbers on the National Center on Elder Abuse website.

A Fall River nursing home abuse lawyer can also help you identify the right agency to report to as well as assist you to remove your loved one from the nursing home facility and into a safe place. Your lawyer can also help you determine the parties that should be held responsible for the injuries your loved one suffered.

Filing a nursing home abuse lawsuit

This is one of the ways that you can pursue a nursing home abuse claim for damages caused by the home. Your nursing home abuse lawyer in Fall River will file a complaint with the court clerk of the state courts. In response, the nursing home will file similar papers with the courts. This stage is known as discovery and you should expect documents to be exchanged as well as the depositions to take place. If your lawyer is unable to reach an out-of-court settlement with the nursing home your case will be scheduled for a trial by the court.

Talk to a Fall River nursing home abuse lawyer today

At Kevin P Landry Law Offices, we are open to help you review your case. Our Fall River nursing home abuse lawyer will evaluate your case end determine whether you are onto something free of charge. Contact us today at 508-676-0001 to schedule your free initial consultation.