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When Can a Nursing Home be Held Liable for Injuries?

Posted by David Nemeroff | Nov 03, 2013 | 0 Comments

Nursing homes have a duty to provide reasonable care to their residents in order to prevent injuries. Reasonable care is determined based on each resident's individual physical and mental condition. Typically, nursing homes are for patients who have chronic illnesses and cannot take care of themselves. This doesn't mean that the residents require intensive care or supervision, but they do require help with everyday tasks, such as feeding themselves or taking their pills.

In 1987, the federal government passed the Nursing Home Reform Act, which was designed to ensure nursing home residents received quality care. In this act, the Nursing Home Resident's Bill of Rights was established. Under the Nursing Home Reform Act, patients are entitled to:

  • The right to be free from abuse
  • The right to privacy
  • The right to make complaints about the nursing home without facing discrimination
  • The right to be treated with dignity

There are many tell-tale signed of nursing home abuse. This can include, bruises, bedsores, excessive weight loss, dehydration or unclean conditions.

Nursing homes also have the duty to protect those who cannot protect themselves. There are many ways in which an elderly person can become injured inside a nursing home. Falls are the most common type of injury that arises in nursing home neglect claims. If a patient is left unattended while there was a foreseeable condition that could cause the patient to fall, the nursing home can be held liable.

Bedsores are also a common injury experienced by nursing home patients. Bedsores are caused by to the loss of blood flow and nutrition to the area because of the pressure that occludes the blood supply to the tissue.  These sores are frequently seen in the elderly who or bedridden or have difficulty changing position or moving in bed.If an elderly patient cannot turn themselves over, then bedsores can occur and leave a nursing home liable for injuries to the patient.

Nursing home patients can also be assaulted by employees or even other patients. If a nursing home fails to protect an individual from a staff member or another resident, then the nursing home can be held liable if the person is assaulted. If a loved one has been experiencing unexplained accidents, you should probably investigate abuse from their nursing home.

If care providers at a nursing home are failing to provide adequate food and water, failing to keep residents safe from safety hazard or are assaulting their patients, they can be held liable for nursing home abuse. Nursing homes can be held liable for the actions of their employees. For more information regarding your loved ones rights in a nursing home environment in Illinois, contact an experienced Chicago nursing home abuse and neglect attorney from Nemeroff Law Offices – 312.629.8800.

About the Author

David Nemeroff

In January 2012, David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...

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