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Who can You Hold Liable for Nursing Home Neglect or Abuse?

When you select a nursing home for an elderly loved one, you often do so based on promises of safety, standards of care, and other assurances of the high quality of staff and attention provided at the facility. It may be shocking to later learn that your loved one was the victim of serious neglect or even abuse while living at the nursing home.

If your loved one has been abused, chances are you want to seek justice for them as soon as possible. However, it can be difficult to know what to do or where to turn in this situation. After all, you likely do not trust the nursing home and the company that runs the facility will likely try to deny that any abuse occurred. While law enforcement may investigate the situation, a criminal case against the nursing home will likely provide little compensation directly to your loved one. In such a situation, it is important to call a highly experienced nursing home abuse attorney to discuss your loved one’s rights and options.

Filing a Legal Claim against the Nursing Home

In many cases, the company that runs the nursing home will be held liable for any injuries caused by abuse or neglect within their facilities. For example, there have been numerous allegations of serious neglect and abuse in facilities around Florida and the U.S. in nursing home facilities run by Brookdale Senior Living Communities.1 Victims have filed many claims directly against the company alleging harmful actions by their staff in various facilities. This is an example of how nursing home companies are often held accountable for the actions of employees.

In addition, nursing home companies such as Brookdale can be held liable for their own negligence,2 including for the following actions:

  • Negligent hiring, including failing to conduct background checks and hiring individuals with a history of abuse;
  • Not properly training staff on how to care for residents;
  • Failing to adequately monitor the actions of staff members and take disciplinary action against staff who act improperly;
  • Not properly ensuring the basic needs of a resident are met, including food, water, and suitable shelter;
  • Allowing unsafe or hazardous conditions to exist;
  • Failure to provide necessary medical care including proper administration of medication and attention to possible medical needs;
  • Not providing adequate security to protect residents from harm from third parties;
  • Use of unreasonable and harmful psychotropic drugs or physical restraints to control residents;
  • Intentional physical, mental, or sexual abuse by nursing home staff members.

If any of the above caused harm to your loved one, you have the right to file a claim against the nursing home company.

There are situations in which other parties besides the nursing home company may be held liable for harm, or may be held liable in conjunction with the nursing home. The following are some examples of such situations:

Dangerous pharmaceuticals – If a nursing home resident is given medication that has unreasonably harmful side effects, the company the manufactured the dangerous drug may be held liable for the harm caused by the medication.

Defective medical equipment – Some injuries can be caused by malfunctioning wheelchairs, medical beds, and other equipment used in nursing homes. The nursing home can be held liable if the equipment was not used in the right manner. However, if the equipment was inherently defective, the manufacturer may be responsible.

Harm by third parties – If an assault occurs by a third party, a claim can be filed directly against the abuser. However, the nursing home may also be held liable if there was inadequate security to keep the third party away from the resident.

Consult with Our Brookdale Nursing Home Abuse Attorneys Today

If you believe that Brookdale Senior Living Communities or another nursing home company should be held responsible for injuries to your loved one, do not delay in discussing a possible case with the skilled nursing home abuse lawyers at Dolman Law Group today. These cases can be complex, however, our team will fight to obtain the maximum amount of compensation possible for your loved one from every liable party. We are committed to fighting for justice for injured nursing home residents and provide the highest quality of legal assistance in every case. To schedule a free consultation with one of our lawyers, call our office today at 727-451-6900 or send us an email through our online contact form.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765

(727) 451-6900

Florida Nursing Home Abuse Attorneys

1https://www.brookdale.com/

2https://www.law.cornell.edu/wex/negligence