Elderly people, especially when living alone, face many risks and require the help of others to keep them safe. Frail bones, illness and dementia can all contribute to accidents in the home, where even small accidents can have a big impact on the health and wellbeing of an elderly person.
Relatives with full-time jobs, or a family of their own to look after can rarely afford the time to provide proper care. The decision to move a relative to a nursing home is never an easy one, but it’s a step that is motivated by love and a desire to keep a loved one safe.
Most relatives do not take such a decision lightly, and will spend countless hours researching a suitable nursing home. For these reasons, it can be all the more distressing to hear that a loved one has had an accident or received substandard care in the very place that was trusted to keep them safe.
What is Nursing Home Neglect?
Nursing home neglect occurs when a resident in the care of a nursing home is seriously injured as a result of an action or failure to act by the nursing home, a nursing home employee, or due to a practice, or policy at the nursing home. Examples of nursing home negligence include:
- Where a resident falls or injures themselves as a result of inadequate supervision or due to a reasonably foreseeable hazard on the premises.
- An employee with inadequate training who causes serious injury to a resident in their care.
- Unsanitary conditions that lead to infection.
- Emotional abuse where a resident is repeatedly ignored or left alone due to understaffing.
- Failure to provide adequate medical attention that leads to serious injury, illness and even death.
Common injuries and conditions as a result of nursing home neglect include slips, falls, dehydration, bedsores, infection, malnutrition and in serious cases nursing home neglect may cause death.
Who is Liable?
A nursing home has a duty of care to the residents that live there. This means it is the nursing home’s responsibility to keep the elderly people in their care safe from physical injury and emotional distress. It is not only the responsibility of employees to keep residents safe, but the nursing home must ensure the premises are safe and free from reasonably foreseeable hazards, in addition to maintaining safe equipment. If a nursing home fails to do this, then they can be held liable and a negligence claim may be brought against them.
Claiming Compensation
The idea that someone you love has been neglected in a place that should have been caring for them is very distressing and particularly traumatic for a vulnerable loved one. Compensation claims for injuries sustained as a result of nursing home negligence can be made by a nursing home resident or by their family. Claims are generally made for emotional distress and loss, especially in the event of an injury that leads to death.
In order to claim compensation, you must prove that the nursing home failed in their duty of care which lead to injury or in severe circumstances death. This can be difficult as evidence can be incomplete and is often reliant on the nursing home itself. There are also many factors that will be considered when deciding if the nursing home was negligent including foreseeability and reasonable care. An experienced compensation lawyer can help you build your case, even when a nursing home is unwilling to cooperate or actively obstructs your search for answers.
Please note that you only have 3 years from the date of any incident to commence court proceedings.
If you, or someone you love have been a victim of nursing home neglect contact Taylor & Scott Lawyers for a free case assessment. During this initial meeting an expert negligence lawyer can assess your case, explain the law and advise if you may be successful in bringing a claim. A Taylor & Scott Lawyer can visit you at home or attend a nursing home to offer advice. In most cases they’ll offer their services on a no win / no fee basis.
Arrange a free case assessment with a Taylor & Scott compensation lawyer today.
At Taylor & Scott “We Care For You”.
