The Elements of Nursing Home Negligence - When You Can Sue for Improper Care

Pomerantz Perlberger & Lewis has achieved recent 6 figure settlements for Nursing Home negligence. Just what characteristics are needed to show that a nursing home or its employees are guilty of negligence, causing harm to an elderly resident? Negligence can take many forms and can be difficult to pin down.

In a case for nursing home negligence, an attorney must demonstrate that:

  • a breach of duty of care was breached
  • this breach of duty caused injury
  • that the negligent conduct caused the injury

Negligence in a nursing home setting can be just as serious as blatant abuse, and can cause severe mental and physical trauma. The occurrence of negligence is often challenging to uncover, and may be well-disguised by the guilty party. Family members and even the victims may not be aware of the mistreatment. negligence is a violation of nursing home resident rights, and can be considered a crime.

Negligence can be attributed to many factors, including poor staffing regulation, poor training, lazy behavior, failure to perform background checks, and other inadequacies within a facility. Supervisors or owners with knowledge of illegal hiring practices may also be held responsible when negligence is found.

Cases of negligence have been brought where the victims suffer life-threatening physical injuries and even death. Whether or not the guilty employee intended to do harm is irrelevant - it their negligence is found to cause the harm, they may be held accountable and required to pay damages.

Failure of a nursing home employee to do his or her job may result in physical injuries due to malnutrition, dehydration, medical errors, bedsores, falls, or mental injuries from verbal abuse, threats, degradation, and other forms of cruelty.

Signs of nursing home negligence can include:

Change in personality, depression, poor hygiene habits, physical marks, sudden illnesses, bedsores, heavy sedation, crying and emotional disturbances, unexplained anger, antisocial behavior, sudden weight loss or gain, medication changes, etc.

It is so important for family members to be on the lookout for signs of nursing home abuse, especially since many cases involve the use of fear to keep victims quiet. If you suspect negligence, you may want to examine your loved one's care plan closely, question your loved one, and increase family visits. If you believe your loved one is the victim of negligence and facing danger, you have the right to remove him or her from the facility, advise the owner or manager, and file an official complaint. Contact a skilled nursing home negligence attorney for more information on abuse and negligence.

For legal information on what may constitute negligence, talk to a compassionate nursing home negligence attorney with litigation experience. Call or email the nursing home negligence attorneys at Pomerantz Perlberger & Lewis in Philadelphia, Pennsylvania today for your personal consultation.