How a Nursing Home Abuse and Neglect Attorney Proof That the Nursing Home is Liable

Families take their elderly to a nursing home if they are busy and don’t have someone to look after their elderly. They intend to make the elderly happy by giving them proper care and enjoying other old folks’ company. However, this isn’t always the case because some experience physical abuse in nursing home, affecting them psychologically. Therefore, family members need the help of a nursing home abuse and neglect attorney to prove the claims and get compensated. The attorney can hold the nursing home liable by proving the following about the nursing home;

The Staff Wasn’t Supervised

If a resident in a nursing home has signs of physical abuse and the one responsible hasn’t been punished, it means that there’s no supervision. Thus, the supervisor and the employee responsible are both liable for the physical abuse, and they have a case to answer.

Hiring Inexperienced Staff

Before hiring anyone to take care of the residents in a nursing home, the nursing home should do a thorough background check to avoid hiring employees with a history of physical abuse. The attorney can go through the employee’s file to prove that the nursing home hired the employer without investigating. Thus, if such an employee hurts a resident, the nursing home is liable for the resident’s physical abuse.

Failure to Train Employees

Most people who seek employment in a nursing home are poorly educated and don’t have skills. So, the nursing home should train them before hiring. The attorney can prove that the employees didn’t undergo training by interviewing them. Therefore, if an untrained employee hurts a resident physically, the nursing home is liable and should compensate those affected.

Ignoring Complaints

Physical abuse on residents in a nursing home can be seen through injuries such as bruises and bedsores. If family members see this, they report to those responsible in the nursing home to take action. However, if they ignore it and the abuse continues, the attorney uses photographs as evidence to file a claim against the nursing home. With this proof, the nursing home is liable and should compensate the affected residents depending on the extent of their physical injuries.

Less Staff in the Nursing Home

Sometimes, some nursing homes are understaffed, and some residents suffer physically because there’s no one to attend to them. Sometimes, they suffer physical abuse from the overworked and stressed employees. The attorney does enough research to determine the number of employees required depending on the resident population. Therefore, if a resident in a nursing home was physically abused and the nursing home is understaffed, it’s liable for the physical abuse.

Ignoring Resident Abuse

Sometimes, some residents abuse others who are weaker. A responsible nursing home should notice the physical abuse and take action. If they ignore, the attorney can prove by interviewing a few witnesses in the resident, and the nursing home is liable for the physical abuse of the resident.

If the attorney can prove the above claims about the nursing home, then it’s liable and should compensate the affected residents. Again, those responsible for the physical abuse of residents should have action taken against them.

Oswin Philipp

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