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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Estate Planning In Chicago

Most of today’s modern popular media is focused on the young; advertisements, television shows, new box office hit movies, video games, cell phone apps, and even the news. Newspapers are dying out, being replaced by online articles written in a hip young style to attract millennial readers. The only things you hear about being targeted towards the elderly are pharmaceutical ads and life insurance commercials. Unfortunately, many people do not particularly care about the rights of the elderly since they are no longer relevant in popular media, but that does not mean that they should be bullied around by family members or children when it comes to estate planning. This article from CNBC goes over a variety of ways that you can be sure your last will and testament are airtight.

The first point the article addresses is being sure that you have a pre planned funeral that is already paid for. This is definitely important, since if there are no pre planned arrangements, your family may panic in their grief and select an option that may be much too expensive, or even unfavorable to your tastes. In order to make sure your body is treated properly and respected after death, having a funeral arranged can protect you and your family. You can also set up a committee of family members to manage your revocable trust. They can help you determine when you no longer have the mental capabilities to continue donating to the trust, and this can avoid a humiliating court battle for adult guardianship and allow you to keep your dignity, assuming you trust the family members you appoint. The article also states that having multiple probate litigation lawyers work on an estate plan for both you and your spouse can provide extra protection from predatory family members who may wish to subvert your plans. The fourth tip to ensuring you will be protected is to never underestimate how long you might live after retirement. Medical advancements are being made every day, and the population is living longer and longer. Unfortunately, medical treatments are also more and more expensive, so living frugally and making sure you have enough money to last through many more years than you expect you need is a priority. If you do not allocate your retirement funds properly, you may find yourself in a situation where you are transferred to a nursing home against your will.

Our elderly population is large in the United States, and it important to provide these citizens with the respect they deserve, both as citizens and as human beings. Protecting yourself in your old age with the proper legal aids can mean all the difference in a world in an age that always looks forward to the future, without regarding the past. The elderly helped shape this country, and we must make their last years as comfortable as possible, especially if we wish to be given the same treatment when we ourselves reach that point.

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