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Can you sue a nursing home for neglect?

When people start to age into their sixties, seventies, and beyond, they slowly begin to lose the ability to care for themselves as they used to. There’s nothing wrong, or shameful about this process. It’s simply another stage of life. As people enter this stage of life, they may move in with a younger sibling or relative who can help them with the day to day things and provide good company. Others may need extensive, personal assistance. When this happens, people often move into nursing homes to receive personal care on a daily basis. Many of these nursing homes give their residents an enjoyable environments. They have an opportunity to live and connect with their peers. Unfortunately, some facilities care more about making money than giving residents the care they deserve. When nursing home owners are more concerned with the bottom line, situations of neglect or even abuse may occur. Poor sanitation, inadequate staffing and training are some of the conditions that contribute to nursing home residents experience severe emotional or physical harm. According to the Glover Law Firm, there are legal actions that you can pursue if you or someone in your family ends up in this sort of situation.

If you end up suing a nursing home for neglect, there are a couple of different things you can do. You can pursue a criminal case, where the caregivers or owners of a nursing home are charged with criminal penalties. They may also lose their license as a caregiver. You can also file an investigation through the United States Adult Protective Agency, where this governmental agency will conduct their own review and issue penalties to employees and owners. The most common thing to do is file a civil case for personal injuries. This happens when you or a family member was injured due to neglect, and you are suing to have these injuries repaid. You might also pursue a combination of all three options if the situation is serious enough.

Civil lawsuits become appropriate when neglect or abuse results in medical complications or a loss of life. The resulting damages can be paid for by the institution. Liability from negligence looks different depending on your own situation. Some of the most common forms of liability arise when the property and medical equipment is not properly sanitized. Also, when supervisors are negligent in providing adequate care. Owners can also be held responsible if they hire employees that are unqualified for their position.

Most often, you may be unable to articulate how the nursing home was negligent to your loved one in a way that convinces a jury or judge. This is also a very emotional subject for many, and this skews testimonies. Lawyers are able to rely on the testimony of expert witnesses in the field. These experts are able to explain clearly what the standards of care are in a nursing home and what exactly the nursing home did that did not meet these standards. Although, expert witnesses are not always necessary if the negligence is plain enough to see.

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