The choice to place an elderly loved one in the care of a nursing home can be difficult for any family. Families should expect these nursing facilities to meet the basic needs of their loved ones and to do so in a safe and secure manner. Unfortunately, many elderly residents face various forms of abuse and neglect on a daily basis.
If your elderly loved one was injured due to the negligence of an assisted living facility, they may be eligible to recover compensation from the responsible party. Due to the complexities of these types of claims, it is best to seek help from a knowledgeable personal injury attorney. A San Antonio nursing home abuse lawyer can advocate on behalf of your loved one and help them seek justice for their abuse.
Nursing home abuse comes in various forms. The most common types of nursing home abuse include physical, emotional, sexual, and financial exploitation. Some of the common signs of abuse include:
This abuse will not necessarily be intentional, as careless mistreatment can be just as devastating. In some cases, poor training or staffing issues could be responsible for the poor treatment a resident receives.
In cases of nursing home abuse in San Antonio, an attorney could hold the facility responsible based on more than one legal theory. While the nursing home and its management might not be directly involved in the abuse, they could face civil liability if they fostered an environment that made it possible for the abuse to happen.
Nursing homes have a duty to carefully evaluate their prospective employees. Should they fail to carefully review the background of a potential hire, they could be putting their residents at risk. Hiring an employee despite a criminal history or prior abuse allegations could cost a nursing home if that employee ultimately abuses a resident.
The management and owners of these facilities are also responsible for ensuring they are staffed appropriately. The failure to train employees properly could lead to abuse or increase the odds of abuse going undetected. In addition to training, a nursing home must also ensure they maintain proper staff levels. Understaffing is a major factor in many instances of abuse and may provide grounds for a San Antonio nursing home abuse attorney to file a lawsuit.
Before a San Antonio attorney can start a nursing home abuse claim, they must first determine all potential parties to the lawsuit. The responsible party is often an employee of the facility, but it could also involve other persons with access to the facility.
In some cases, it is possible to pursue a lawsuit against the facility itself. Not only are nursing homes potentially responsible for any abuse committed by their employees, the facility and their managers could also be liable for negligent hiring or insufficient staffing decisions.
Your loved one should never have to suffer abuse during their time at a nursing facility. If this type of harm has occurred, it is essential that you take immediate steps to ensure the safety of your loved one and seek legal counsel.
A San Antonio nursing home abuse lawyer could help you stand up for your loved one’s rights. To get started, call, and schedule a consultation immediately.