Common Causes of Nursing Home Neglect & Abuse
In order to successfully prove a personal injury claim for nursing home neglect and abuse, you must prove that you were injured as a result of the negligent or wrongful actions of the nursing home facility, staff or other residents. Examples of fault in nursing home and neglect cases include:
- Inadequate training of staff members – When a nursing home facility fails to adequate train its staff and provide them with the information they need to do their job properly, it can result in the staff accidentally hurting residents.
- Hiring unsafe staff members – A nursing home facility’s failure to background check their hires or check for references can ultimately place their residents at harm.
- Inadequate staffing – A nursing home might try to cut corners by hiring fewer care staff, which means residents will not get the help they need.
- Staff drug abuse or alcohol addiction – Nursing homes can also be liable if their staff abuse residents as a result of drug or alcohol use.
- Failure to provide adequate medical care – Nursing home facilities can be liable for neglect if they fail to follow medical treatment ordered by a physician.
- Failure to supervise staff – A nursing home facility can also be liable if their failure to supervise their staff resulted in the abuse or neglect of a resident.
- Failure to report abuse – Nursing homes can be held legally liable if they fail to report cases of abuse to prevent cover-ups.
Common Victims of Nursing Home Abuse or Neglect
If you or a loved one has suffered any type of injuries as a result of the negligent or wrongful actions of a nursing home facility or its staff member, you can file a claim or lawsuit seeking money damages. Monetary compensation in a nursing home abuse case generally falls into three categories.
1. Economic damages. Economic damages include anything that can be measured, such as:
- Ambulance transportation
- Hospital stays
- Surgeries
- Doctor visits
- Medical testing (CT scans, MRI tests, X-rays, blood work)
- Prescription medication
- Physical therapy
- Assistive devices, including wheelchairs
- Future medical care
- Costs of increased living assistance
2. Non-economic damages. Non-economic damages include anything that cannot be monetarily measured, such as:
- Physical pain and suffering
- Emotional trauma, such as depression, fear, grief, anxiety and lack of sleep
- Loss of enjoyment of life
- Permanent cognitive or physical impairments caused by the injuries
3. Punitive damages. Punitive damages are awarded to punish the nursing home for its egregious behavior and/or actions. Courts also like to award punitive damages to deter others from engaging in the same egregious behavior.
The legal team at the Law Offices of Samer Habbas will investigate all the facts of your case to determine exactly which of these damages you or your loved one will be entitled to. Our experience in handling these types of cases gives us the knowledge we need to get you the full compensation that you deserve.
Frequently Asked Questions
Below are answers to some frequently asked questions:
How do I take legal action against a nursing home?
An experienced Orange County elder abuse attorney can help you take legal action against a nursing home. A good lawyer will listen to the details of your case and build a legal complaint.
What constitutes neglect in a care home?
Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of. Leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect.
What are the 5 types of abuse in a nursing home?
According to the National Center on Elder Abuse (NCEA) are, the five common types of nursing home abuse are: physical abuse, emotional abuse, financial abuse, sexual abuse, and neglect. Additional types of nursing home abuse include self-neglect and abandonment.
Protect Your Rights with an Experienced Orange County Nursing Home Abuse Attorney
If a loved one has been a victim of nursing home abuse or neglect, contact the Law Offices of Samer Habbas. Our Orange County nursing home abuse attorneys specialize in handling nursing home abuse and neglect cases and have the experience to help you hold the responsible parties accountable and obtain compensation for your pain and suffering.
Please call us at 619-332-1124 to discuss your case with an expert Los Angeles nursing home abuse attorney or you can fill out our free consultation form.