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When Is a Nursing Home Liable for Elder Abuse and Neglect?

Nursing homes and their employees can be held responsible for damages if they act negligently. Damages from a nursing home abuse lawsuit can include medical bills, pain and suffering, disfigurement, disability, and in rare cases, punitive damages to punish and deter similar conduct.

Grounds for filing a nursing home abuse claim include:

Negligent hiring: Failing to properly vet employees with background checks, qualifications, etc.

Understaffing: Not having enough staff to properly care for residents, leading to neglect.

Inadequate training: Not properly training staff on caring for residents.

Third-party incidents: Failing to provide adequate security, allowing residents to be harmed by others.

Violating residents’ rights: Infringing on a resident’s autonomy, dignity or privacy.

Medication errors: Giving incorrect medication dosages.

The key points are that nursing homes must properly hire, train and staff their facilities, while also protecting residents’ safety, rights and proper medical care. Failures in these areas can lead to liability.