Nursing home care is introduced especially for the elderly who cannot do daily activities independently due to medical issues, mental health issues, and injuries.
The nursing home definition is very simple, a small institution that provides residential accommodation with a healthcare facility for aged people. Home nursing care is a skilled and usually long-term care facility, especially for the elderly.
But if you observe any discrepancy in nursing home care, the law offers you the remedies. Any victim of nursing home abuse, neglect, and maltreatment has the legal right to sue.
The sole purpose of taking legal action is to compensate victims for the pain that was done. The lawsuit can be filed by the victim or his/her family member for nursing home complaints. Due to lack of expertise in nursing home abuse law, people often go for hiring a professional nursing home abuse attorney who has the required knowledge about the law and can bring the victim out of trauma. The nursing home neglect lawyers prepare strong grounds for your case and help you get compensation as soon as possible. They gather evidence properly and interview the elderly according to law and present favorable arguments in court.
You can sue for nursing home negligence on specified grounds according to law. Here in the blog, we will talk about circumstances in which you can sue a nursing home. Let’s know!
As you know, competent health authorities make effective policies to make them part of the regulatory framework. Any nursing home care service has to provide the same standardized caring facilities as per laws. If they fail to provide those facilities, the victim can sue for this negligence.
For instance, if nursing home care fails to ensure a healthy and safe environment for residents, they can be sued by the victim party with the help of professional nursing home lawyers.
Breach of Nursing Contract
If nursing home service providers fail to provide consistent services as per contract, you may sue them for contract breach.
You can claim reimbursement of fees paid to the nursing home. They are liable to return your fee at any cost.
Sometimes, they are unwilling to do so; in that case, you may hire professional nursing home lawyers who know how to handle such providers. They have dealt with the same situations many times before, and you can get compensation quickly by hiring the services of such professional attorneys for home nursing.
Poor Medical Care
Any victim can launch a lawsuit if he or she finds any inadequacy in medical care provided by a nursing home. Victims can sue service providers, home nursing, and other staff.
If your loved ones get injured due to negligent medical care, you should sue those who are the culprit with the help of nursing home negligence lawyers.
On the other hand, every state has a Medicaid program for individuals who need nursing home facilities. In this program, the state provides residents with health insurance and bears the expenses of nursing home care services. They strictly warn all nursing homes to maintain and provide standard health facilities, and if anyone is found guilty of doing wrong practices, they have to face legal action.
Non Provision of Hygiene Food
As you know, elderly people are picky eaters, and they avoid eating food necessary for their health. But with little attention, they are willing to eat. So, home nursing providers are well-trained to manage those adults. But if they don’t fulfill their duties properly and take everything for granted, victim parties have the right to sue them.
Besides that, they must provide food on time. If they don’t do it, and the caretaker remains hungry in peak time, they have to face lawsuits. You also have the right to cancel the contract; in that case, they have to return the fee you have paid for the service.
Negligence in Oral Care
If home nursing providers don’t care about the oral care of residents, they can be sued for this negligence. Negligence in oral care can create a huge mess with health. Residents can get some kind of infectious disease.
Furthermore, neglecting oral care can cause tooth loss, dry mouth, and other problems. If a resident doesn’t get an oral care facility according to the law, he or she can sue the home nursing.
Slips and Fall Injuries
Slips and fall injuries in aged people are common things. Such injuries can destroy their health in the shape of severe fractures and brain injury. So, people hire the services of home nursing care to provide support to their elderly.
We observe hundreds of cases of such injuries every year in nursing home abuse reports. If a resident gets any damage due to tripping, they can sue their home nursing providers for this abuse.
Skipping Physical Activity
Residents, especially the elderly, require proper physical activities. If they don’t participate in such activities, they will lose their health soon. Home nursing care also has an obligation of health exercises elderly. But if they skip such activities, victim parties have the right to sue such service providers.
In case home nursing institutions hire wrong or criminal persons, employers can be sued. Remember one thing: going against institutions or employers is challenging, and you can’t handle it on your own. You better hire professional neglect lawyers who can manage them effectively.
Who Can Sue a Nursing Home?
Not everyone can take legal action against nursing homes. You need to fall in the category of standing that makes you eligible to sue a nursing home. There are two scenarios that we will discuss below for better understanding.
Who Can Sue for Living Victims?
If the victim is alive, the following people can sue the nursing home:
- Resident himself or herself
- A family member : the victims can give power of attorney to a family member who shall sue on behalf of victim
If the victim doesn’t have any family members or is not in a position to sue, the court itself appoints a guardian that sues on behalf of the victim.
Who Can Sue for Deceased Victims?
If the victim is deceased, the following people have the standing to sue against nursing home:
- Beneficiaries or members of the family can sue
- The person whose name the victim has given in his or her will
To summarize, if a nursing home fails to provide the facilities mentioned in the law, victims or their guardians have the legal right to sue them according to the circumstances as mentioned above. It is important to sue them for their negligence. Otherwise, any home nurse can indulge in malpractices that are strictly prohibited by law.