Is It Possible to Sue a Nursing Home For Negligence?

As people age, their lifestyle begins to change dramatically, and some elderly people find themselves needing assistance with day-to-day tasks. Because of this, they choose to move into a nursing home in order to ensure they receive personalized care on a daily basis. These places can provide an enjoyable environment and an opportunity for residents to live among their peers. Although, some facilities are more concerned with making a profit than providing proper care for their residents. This can lead to instances of neglect or abuse. Inadequate training, inadequate staffing, and poor sanitation conditions have caused nursing home residents to experience physical and emotional harm. When this happens, there are ways to hold the nursing home accountable for their negligence. Let’s take a look at some cases where nursing homes can be sued for their practices.

Possible Reasons to Sue a Nursing Home

Acts of nursing home abuse can result in three different types of legal action. These are:

  • A civil case, or lawsuit between residents and caregivers over damages
  • A criminal case, where caregivers are charged with criminal penalties
  • An investigation by the Adult Protective Agency, where the government agency may issues penalties

If your loved one has experienced neglect at a nursing home, you can look to have one or a combination of these legal actions pursued.

When Is a Civil Lawsuit Appropriate?

Civil lawsuits are pursued when damages are caused by the negligence of a nursing home. In short, if nursing home negligence has caused medical complications or loss of life, you can sue so that the institution pays for their damages. Negligence comes in several different types of forms. Liability can arise from:

  • Negligent cleaning and maintaining of property
  • Negligent supervision and care
  • Negligent equipment use or maintenance
  • Hiring unqualified or under qualified employees

When Is A Criminal Case Appropriate?

There are federal and state laws regarding the way a nursing home facility needs to operate. For example, all nursing homes must have a doctor that is on call at all times. Nursing homes must be staffed with a certain number of registered nurses, and all non-registered health care professionals must be adequately trained before giving care to residents.

If these rules and guidelines are not being followed, you may choose to charge the institution for not complying with regulations. In the medical field, these charges most often result in medical professionals losing their license to practice.

How Does This Play Out In Court?

Most often, plaintiffs will hire a medical professional to provide expert testimony on the areas of negligence or lawbreaking. They will explain what proper care looks like and how the nursing home is failing to provide proper care. This may not be necessary if the lack of care is apparent enough for people outside the medical field to comprehend it.

South Carolina Nursing Home Negligence Lawyers

While researching for this post, I stumbled upon lots of great information from the attorneys at Evans Moore, LLC. Their website has details on how to pursue legal action in the case of nursing home abuse in South Carolina.

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