How to Know When the Nursing Home Is Liable

Posted by & filed under Elder Abuse Litigation.

Many of us have parents living in nursing homes and most of us will at some point. Entrusting a home with your parents can be a very scary situation, no matter how necessary you know it is or how well regarded the facility is. Fortunately, it usually works out for the best. But things can go wrong, at which point, you may be right to file a lawsuit against the facility. The following are some things to consider should an accident ever occur.

If a fall occurred, it may be the fault of the facility if it was obvious such an accident was imminent. You may have checked your parent into a home because something like this had happened before and were sure to tell the facility as much. In such a case, it was incumbent on them to orchestrate measures that would ensure it wouldn’t happen again. It could be that the staff was never properly trained to deal with such a resident.

This is always something to consider, no matter what the incident. Were the staff aware this was a possible issue and were they on the lookout to prevent it? Were the staff properly trained to handle such an accident?

Perhaps there was adequate training of the staff, but not a sufficient number of them available. An accident may have occurred because the staff was spread too thin and unable to keep a necessary eye on everyone.

Another factor is equipment. Even if you have enough staff and they’re all properly trained, this will all be for nothing if they don’t have access to the equipment necessary to address some problems.

These are just a handful of things to think about. More than anything, they help illustrate how the resident may not always be to blame for an accident occurring. If your parent has been hurt while living at a nursing home, speak to a personal injury attorney to make sure you and your parent are being properly compensated.