Can You File a Lawsuit in NY or Other States For Abuse or Neglect in a Nursing Home?
In December 2020, the family of Jakob Khorsandi and two other families filed lawsuits against Silverado Senior Living in California for allegedly abusing or neglecting its residents, resulting in the deaths of three elder patients and a nurse.
Silverado is accused of admitting a resident into their facility without performing the necessary protocols required for identifying Covid-19 symptoms. The staff allowed this person to mingle with other residents in a dining area without proper medical or social distancing precautions.
The following day, the nursing home observed that this resident had Covid-19 symptoms. The virus quickly spread to other residents. Some of them survived, while others did not.
In times of crises such as this, it is important for people living in nursing homes to understand their rights to proper care. Nursing homes have obligations to their residents. When they fail to fulfill those obligations, and someone gets injured or worse, they might be legally responsible for paying damages.
What is Nursing Home Neglect?
Nursing home neglect often involves a caregiver or a nursing home’s failure to fulfill its obligations to someone in their care and custody. This often involves failing to provide basic necessities and essentials, such as food, hygiene, water, medical care, and even overall comfort.
Note, though, that neglect can be different from abuse, although both can result in serious injuries and even death.
What Are Some Differences Between Neglect, Abuse, and Negligence?
According to the Administration on Aging, which is a division of the Department of Health and Human Services, nursing home abuse or elder abuse is the “knowing, intentional, or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable adult.”
Nursing home abuse can include physical, sexual, and emotional abuse. Other forms of abuse can also exist, like financial abuse, so long as the acts caused or cause harm or put the victim in a position of serious risk.
Neglect implies passivity as opposed to abuse which often involves purposefully harmful actions. Neglect, however, can do just as much harm as abuse whether the neglect is purposeful or not. It is the failure to provide basic physical and emotional necessities. Neglect is often considered to be a form of abuse.
Negligence involves a person’s failure to act with the right amount of discretion under normal circumstances. It may be intentional or accidental or both. A certain degree of prudence is required and recognized by the law where a person should act in a certain way during specific situations. Failure to exercise that degree of prudence is to be “negligent.”
Every case of abuse and neglect must be reviewed on an individual basis to determine if a standard of care has been breached. Abuse and neglect can both be considered negligent under the law depending on the specific facts. This is one reason why you should consult with our experienced nursing home neglect and/or abuse lawyers. It is imperative that you understand your rights, hold the nursing home accountable, and keep your loved one safe.
Can I Sue for Nursing Home Neglect or Abuse?
Perhaps. But, there must be a legal standard that has been breached. The nursing home must have acted negligently, recklessly or even with an intent to cause harm.
For example, if your loved one has bedsores, you might think the staff is neglecting them. But if the nursing home has followed all protocols to avoid bedsores, you might not be able to prove there was negligence.
However, if the caregiver failed to turn the patient according to the rules, ignored cries for help, or was left unsupervised, you might be able to hold the nursing home liable for damages caused by their negligence.
Under these circumstances, even if you suspect neglect or abuse in a nursing home, consult our experienced lawyers so that you can get the best results from your case.
Contact Our Nursing Home Negligence Lawyers Today!
If you a victim of neglect or abuse by a nursing home or know someone who is, do not hesitate to call our office to find out if you are eligible to file a claim and collect damages. To learn more about your rights and get help from experienced nursing home neglect and abuse lawyers, call Alonso Krangle, LLP, at 800-403-6191.
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