Nursing Home Justice Blog
Negligence is the crux of every personal injury claim. You must establish negligence to recover the compensation you need for your damages. But what does negligence look like in a nursing home? Whether it be physical abuse or nursing home neglect, a reckless nursing home should be held liable for the damage they cause.
Negligence occurs when an individual fails to act the same way another equally qualified person would under similar circumstances. Essentially, a nursing home that acts carelessly or recklessly and puts residents at an unreasonable risk for danger could be found negligent.
Negligence could present itself in many ways in a nursing home. Here are a few examples of negligence you might see:
Nursing homes often fail to provide staff members with the necessary training to care for residents with various health conditions. Specific illnesses like Alzheimer’s require well-trained staff competent in caring for cognitively impaired residents.
The Code of Colorado Regulations states that each department of the facility must be under the direction of a person qualified by training, experience, and ability to direct effective services.
Residents should feel at home in an assisted living facility. They should have access to nourishing foods, plenty of water, and respectable living conditions.
Understaffed and poorly trained nursing homes often neglect to provide these basic needs. Nursing homes don’t even perform tasks as simple as rotating immobile residents in their beds to prevent bedsores or taking them to the bathroom so they don’t soil their clothing.
When private equity firms buy nursing homes, they make every effort to cut costs—and staff members are typically the first to go. Nursing homes become grossly understaffed and left with unqualified personnel.
Additionally, failing to provide necessary background checks could put residents at risk of being cared for by staff members with a violent history of abuse and neglect.
These acts could also be viewed as willful and wanton negligence, which means the abuser was fully aware of the risk of their actions and disregarded the rights and safety of the victim.
Nursing homes and other medical settings have a higher-than-normal standard of care to uphold. If they fall short of this standard, they could be found negligent. Furthermore, you or your loved one have specific rights as a nursing home resident that staff members must honor to ensure you receive quality care.
Colorado Law states that you must prove the liable party’s negligence to win your claim. To do this, you must establish the four elements of negligence:
If you prove by a preponderance of evidence the nursing home’s negligence caused your damages, you could recover the compensation you need for your medical bills and other expenses.
Filing a report could strengthen your claim if you suspect a nursing home is negligent. Report abuse or neglect to the following entities:
Determining liability in a negligence claim could be challenging without the help of a nursing home abuse and neglect attorney. Nursing Home Justice, led by attorney Mac Hester, will personally investigate your case to prove liability and help you recover financial compensation for your damages.