Nursing home abuse is on the rise; according to reports from the Center for Disease Control and Prevention (CDC), more than half a million of the elderly population suffer from neglect, abuse, or any other form of injury. Elder abuse can take on various forms, and according to the CDC there are generally six types of maltreatment, often experienced by elder aged 60 years and older: emotional abuse, physical abuse, sexual abuse, financial abuse, neglect, and abandonment.
It is very important to know who can be held liable for elder abuse and neglect in order to have a legally valid and strong personal injury lawyer. Generally, when it comes to elder abuse the facility is the one who can be held accountable, provided that you can present evidence of the abuse. A health care or nursing home facility can be held liable for abuse some factors stated below led to any abuse, endangerment, or injury to the elder:
- Medication or medical errors
- Negligent hiring
- Poor or inadequate training
- Breach of statutory or regulatory responsibility
Any act or practices that an employee of the nursing facility does which lead to harm or injury of the elder or resident can make the nursing facility “vicariously liable”, especially when these acts where done during working hours or during the course and scope of the employee’s work responsibilities. Third-party contractors that the nursing facility hires to perform several particular tasks can also be liable for neglect and abuse claims.
It is highly advised to immediately contact the police or the Adult Protective Services upon seeing or noticing the first signs of elder abuse. Each state may have their own numbers that you can report your concerns to. Remember that symptoms of elder abuse are not always apparent, therefore being vigilant and attentive to the elder resident is important in getting immediate help.Read More