Nursing Home Liability & Negligence
When Is a Nursing Home Liable for Injury & Damages?
A nursing home can be held liable for the actions of its employees, faulty equipment, unsafe conditions, and other acts that lead to personal loss or injury.
Placing your loved one in a nursing home is difficult. It is an emotionally and mentally draining decision. You trust that your loved one will be well taken care of and that patient care and proper treatment are cornerstones of the facility. When that promise, contract or the patient’s rights are violated, the nursing home should be held responsible for negligence.
Most states define neglect of an older person as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care. Whether such failures are intentional, or simply careless, often will determine whether a case against a nursing home is framed as one for neglect or abuse.
A nursing home can be held liable for negligence if:
- the nursing home’s owner or employees breached a duty of care owed to the injured person;
- the person’s injury was caused by this breach; and,
- the nursing home owner’s or employee’s conduct caused the injury.
While each case is unique, patient care facilities can be sued for:
- negligence
- assault and battery
- negligent hiring and retention of employees
- negligent personal supervision and care
- negligent maintenace of the home or facility
Liable for Abuse, Neglect or Exploitation by Employees
The Acts of An Employee = The Acts of the Nursing Home
A nursing home can be liable under the doctrine of respondeat superior for any wrongful act or ommission of its employees committed within the scope of the employee’s duties. To succeed under this theory, the injured person must show that at the time of his or her injuries, the employee was acting on behalf of the nursing home and in furtherance of its business.
Serious abuse charges such as assault and battery should also be reported for criminal charges against both the employee and possibly the nursing home.
Nursing Home Negligence of Supervision and Care
Nursing homes have a legal duty to protect patients from predictable injury risks arising from their physical conditions and impairments, such as self-injury. Caregivers should be trained to take reasonable safety precautions based on the needs of each individual patient. Caregivers are also responsible for providing reasonable care to each resident. Reasonable care is also applied within the context of each patient’s situation.
To understand more see: Negligent Supervision and Care.
Nursing Home Negligence for Unsafe Facility
A nursing home is under a duty to use reasonable care to keep its premises in a reasonably safe condition for residents and vistors. Visitors to a private nursing home are usually considered invitees of the home; as such, the nursing owes them a duty of ordinary care for their safety. Essentially, this requires that the premises used by residents and visitors be kept in a safe condition and not expose anyone to danger unnecessarily. The nursing home should also eliminate any known dangers on the premises, or at least warn residents and visitors of any hidden conditions about which it is, or should be, aware.
Nursing Home Negligence for Improper Equipment
Residents of private nursing homes have the right to expect that the homes and their employees will exercise reasonable care in selecting and maintaining the equipment and facilities used by residents. Defective devices such as wheelchairs, beds, lamps and other appliances, and poorly maintained stairways, hallways, and examination tables have resulted in nursing home liability.
The nursing home litigation attorneys at the Strom Law Firm, LLC want what is best for your loved one. We understand South Carolina law and what must be proven to establish a claim of nursing home abuse or neglect. Contact us today for a free consultation with one of our nursing home lawyers today.
