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Can You Sue a Nursing Home for Neglect?

Elder abuse is much more common than most people realize. Unfortunately, much of the elder abuse that we hear about does occur inside nursing homes. There are various types of abuse that can occur in these facilities, including physical abuse, sexual abuse, emotional and psychological abuse, and financial abuse. However, there are times when nursing homes neglect the basic needs of their residents. Here, we want to discuss situations where it may be possible to hold a nursing home accountable for the neglect of a resident.

What Constitutes Nursing Home Neglect?

Data available from the National Council on Aging indicates that approximately one out of every ten Americans over the age of 60 experience elder abuse in some form. In some cases, this abuse has outward signs and symptoms that are noticeable by friends and family members. However, nursing home neglect may not be as easy to spot.

Nursing home neglect does not have the same characteristics as outright nursing home abuse of a resident. Nursing home neglect involves the refusal or failure of a staff member or the nursing home to fulfill their obligations or duties to a resident. Neglect can be more difficult to discern than more obvious types of abuse.

Some of the most common examples of nursing home neglect include the following:

  • Failure to provide adequate food, water, clothing, or shelter
  • Failure to provide medical care
  • Failure to provide proper oral and dental care
  • Failure to address hygiene needs, including bathing and changing of clothes
  • Failure to complete range of motion exercises for a resident
  • Failure to care for wounds, including bed sores
  • Failure to apply safety standards when assisting patients with mobility issues
  • Failing to help residents if they ask for assistance

Negligence in a nursing home can also be an environmental issue, such as failing to provide a safe and clean facility for the residents.

Can You Sue a Nursing Home for Neglect of a Resident?

If you suspect that your loved one has been neglected inside of a nursing home, it is certainly possible to file a lawsuit against the facility in order to recover compensation and obtain justice for your loved one. These cases can become complicated, but the team at Callahan & Blaine is standing by to help when you need an Irvine nursing home abuse lawyer.

There may be various types of compensation available to the victims of nursing home neglect. While there is no set amount of compensation paid out in these cases, a successful claim could result in both economic and non-economic compensation being paid to the victim. This could include the following:

  • Coverage of any medical bills arising due to the neglected
  • The cost of continued care at the facility
  • The cost of relocation to a new facility
  • Pain and suffering damages
  • Loss of quality of life damages
  • Possible punitive damages against the nursing home

At Callahan & Blaine, we have the resources necessary to fully investigate the case and help determine liability for what happened. You can contact us for a free consultation by calling our local law office at (714) 241-4444.

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