Homes for the older people are supposed to be the place for adequate care and assistance of those facing the last stage of life – senility, but it is not really the case in some as the attendants or nurses sometimes fail to provide adequately the needs of Gladstein Law Firm clients. This incompetence could be made a ground for filing home abuse claim especially if the victim was injured. It is then a liability for the staff or management to face and the issues involved have to be resolved through legal proceeding. And if your father or grandpa would later turn a victim of similar circumstance, you have to be aware of the following facts so as to know the legal remedies to take:
Overview of Nursing Home Liability
There are several grounds for the nursing home to be held accountable for the injuries of older people as a result of abuse, false imprisonment, negligence, and violations of the legal provisions governing the institution, particularly those relative to maintenance, licensing, and general operation. Such causes could consequently lead to (1) proper investigation by the concerned agency or car accident law firm, (2) criminal prosecution, and (3) civil case. It is also noteworthy that these processes have distinct objectives; the first one is to provide instant aid and relief to the victims, the second is for the possible punishment of illicit conduct, and the latter is for the recovery of damages.
Overview of Nursing Home Liability
There are several grounds for the nursing home to be held accountable for the injuries of older people as a result of abuse, false imprisonment, negligence, and violations of the legal provisions governing the institution, particularly those relative to maintenance, licensing, and general operation. Such causes could consequently lead to (1) proper investigation by the concerned agency or car accident law firm, (2) criminal prosecution, and (3) civil case. It is also noteworthy that these processes have distinct objectives; the first one is to provide instant aid and relief to the victims, the second is for the possible punishment of illicit conduct, and the latter is for the recovery of damages.
Civil Actions Against the Institution
It should be noted that the home owner and/or the staff could be held liable for certain mistakes including (1) negligence in personal supervision and care, (2) insufficient or improper maintenance of the premises, and (3) carelessness in selecting or using equipment and hiring employees. The liability here could particularly be proven by accident law firms if there was a breach of duty of care to the victim, the injury was the result of violation, and the act of the owner or employee was the direct cause of the injury. In simple terms, the issues in nursing home abuse revolve around the three: breach of duty, failure to maintain standard of care, and negligent actions by the owner or employees. Nevertheless, the institution can raise certain defenses such as the injury is not the result of the aforementioned mistakes but rather the preexisting condition of the person and that the latter has so-called contributory negligence which denotes an assumption of a known risk upon entering the nursing home.
Criminal Liability
Depending on the laws of a particular state, a criminal lawsuit could also be pursued upon the ground of neglect, mistreatment, or abuse by the nursing home staff. And when proven beyond reasonable doubt, the accused may face enhanced penalties for crimes against older people. But this is no easy job for the prosecuting attorney as there are various angles or considerations in order for the claim to be justified and also for the reason that the laws or grounds in different states vary. In any case, though, you have to consult immediately an experienced attorney from injury law firms so that you can be properly assisted when invoking yours or loved one's legal rights to compensation.
As supplementary to the aforementioned, it would be wise if you can know the terms or policies of the nursing home before occupation as those could also become an issue on or serve as basis for the determination of owner's liability.
It should be noted that the home owner and/or the staff could be held liable for certain mistakes including (1) negligence in personal supervision and care, (2) insufficient or improper maintenance of the premises, and (3) carelessness in selecting or using equipment and hiring employees. The liability here could particularly be proven by accident law firms if there was a breach of duty of care to the victim, the injury was the result of violation, and the act of the owner or employee was the direct cause of the injury. In simple terms, the issues in nursing home abuse revolve around the three: breach of duty, failure to maintain standard of care, and negligent actions by the owner or employees. Nevertheless, the institution can raise certain defenses such as the injury is not the result of the aforementioned mistakes but rather the preexisting condition of the person and that the latter has so-called contributory negligence which denotes an assumption of a known risk upon entering the nursing home.
Criminal Liability
Depending on the laws of a particular state, a criminal lawsuit could also be pursued upon the ground of neglect, mistreatment, or abuse by the nursing home staff. And when proven beyond reasonable doubt, the accused may face enhanced penalties for crimes against older people. But this is no easy job for the prosecuting attorney as there are various angles or considerations in order for the claim to be justified and also for the reason that the laws or grounds in different states vary. In any case, though, you have to consult immediately an experienced attorney from injury law firms so that you can be properly assisted when invoking yours or loved one's legal rights to compensation.
As supplementary to the aforementioned, it would be wise if you can know the terms or policies of the nursing home before occupation as those could also become an issue on or serve as basis for the determination of owner's liability.