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Who can be held liable for nursing home abuse?


Nursing homes provide care for aging individuals or people with disabilities. Some elderly people are reluctant to move into care homes because they don't know if the nursing home staff will take care of them and their overall well-being. If you are living in a nursing home, you need to understand that you can be susceptible to abuse because not all nursing homes provide the best possible care for their residents. Some nursing home residents suffer from abuse and exploitation, which is why it is important for you to learn some of the basic facts regarding nursing home abuse.

Nursing home neglect is often caused by an inadequate number of staff members, inadequately trained staff, staff who have a history of violence or the isolation of residents. Owners and staff of nursing homes need to follow a statutory standard of care. Deviating from the minimum standards of care can result in lawsuits if an accident occurred and a patient or resident was harmed. If you are suffering from abuse or exploitation inside a nursing home, you must convey the message to your loved ones or to the local authorities. This abuse may continue unless victims report such incidents to the authorities.

When an act of nursing home abuse occurs, the staff member who committed the abuse as well as the nursing home owner can be held liable, both criminally and civilly. Depending on the case, those accused may face criminal prosecution, while civil action may follow in the wake of a criminal trial. You, the injured party, may choose to file a claim in order to recover damages.

Proving the negligence of the nursing home staff can be challenging. You have to gather substantial evidence that can prove your claim. Fortunately, a legal professional can stand on your behalf and handle all of the legal aspects of the case.

Source: Findlaw.com, "Nursing home abuse claims," accessed on Sep. 15, 2014

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