Unfortunately, nursing home neglect and abuse cases are all too common. When you put your trust and resources into a nursing home, and they fail to take care of your loved one they should be held accountable. Not only have they broken their legal contract, but they’ve also caused severe or life-threatening injury and even death to society’s most vulnerable people.
A nursing home, convalescent home, rest home, or elder care facility can be held legally responsible in cases of negligence, neglect, or abuse.
When Can You Sue a Nursing Home?
A wide variety of accidents, intentional acts, and failures to act can put a nursing home on the legal hook.
- Failure to keep the premises reasonably safe and hazard free – This includes dangers that the facility and its staff are aware of, or should be aware of. Examples can be preventing slip and fall accidents, entrapment in bed rails, to the prevention of resident on resident attacks.
- Negligent hiring – Employees who end up neglecting, abusing, or intentionally harming a patient. Failure by the home to properly screen and hire suitable nurses and assistants, failure to train and supervise employees is also a factor.
- Failure to maintain adequate health and safety policies – This is defined by keeping clean and sanitary conditions in resident rooms and common areas.
- Failure to provide adequate medical treatment or nutrition needs – When sub-standard medical care or absence of medical care leads to resident injury there may be a case for medical malpractice. Examples include bedsores or pressure sores, unexplained weight loss, dehydration, or timely making sure the residents are clean, bathed and cared for.
A Case of Nursing Home Neglect in Arkansas
In 2016 a Little Rock nursing home attempted to cover up the cause of a resident death. Hillary Rudkin received an early morning call from the nursing home where her mother, Clara Hoyt, was a resident. They told her Clara had died overnight from a heart attack.
A whistleblower from within the nursing home later contacted Hillary and told her the real story. Mrs. Hoyt had not died from a heart attack. The whistleblower revealed she died with her head stuck between the bed and the bed railing. The bed railing had been left in a position that violated protocol – a result of negligence from the nursing home. A private autopsy proved Clara Hoyt had died from positional asphyxiation and not a heart attack.
Nursing Home Negligence Case Result
A confidential settlement was reached for the family of Clara Hoyt.