Kenedy: When is a Nursing Home Liable for Elder Neglect?
Making the decision to place a family member or loved one in a nursing home or assisted living facility in Kenedy can be a tough choice to make. One of the most common reasons people choose to place their loved one in care is that they trust the caregivers employed in those facilities to provide for the needs of their loved ones. Entrusting others with the care and life of a loved one who may be too vulnerable to take care of themselves is a tough decision to make, and the utmost care is expected. Unfortunately, these facilities too often fail to provide the care and attention they initially promised, resulting in abuse of the elderly.
According to nursinghomeabuseguide.org , more than two million cases of elder abuse are reported annually. This staggering number does not include the number of nursing home abuse cases that fail to be reported on a daily basis. Additionally, nursing home abuse is not limited to one specific area. Abuse in elderly care facilities can take place at any facility at any time, including the facility your loved ones may reside at.
If you believe your loved one has experienced abuse and find yourself asking yourself in Kenedy, when is a nursing home liable for elder neglect, it may be time to consult a Kenedy elder abuse lawyer and investigate what makes a nursing home liable.Kenedy: When is a Nursing Home Liable for Elder Neglect?
Solely suspecting neglect is not enough to sue a nursing home for abuse or build a case. In order to charge a Kenedy nursing home of elder neglect or abuse, the lawyer must be able to prove that said nursing home or nursing home employees acted negligently, and as a result of that negligence, damages ensued. Those damages can include anything from medical bills to disability to pain and suffering.
There a few different scenarios that could result in successfully proving the assisted living facility liable. Contacting an experienced attorney can always bolster your chances of holding a nursing home liable for your loved ones’ abuse.Proof of Negligent Hiring:
Nursing home facilities have an obligation to hire employees qualified for their positions, who have no history of abuse or violence and have successfully passed the required background checks. The Kenedy nursing home your loved one is residing in should be adhering to all of these rules and regulations. When employees do not meet these standards, nursing home residents are put at risk of abuse or even death from improper care. An experienced n ursing home injury attorney should be consulted to dig deeper into proving negligent hiring.Understaffing:
Nursing homes in Kenedy have staffing requirements that must be met in order to ensure each resident receives the proper care they need. Understaffing in nursing homes can often become a reason for holding nursing homes accountable due to the lack of personnel available to care for residents. Less staff available to a facility means less attention and care each resident receives. The state of Texas mandates that there must be at least one direct caregiver for every five residents during daytime hours, and at least one direct caregiver for every 15 residents at night. When looking into nursing home liability with your attorney, being cognizant of the patient to staff ratio can be imperative in building a case.Third-Party Responsibility:
Another way nursing homes can be held liable has to do with the environment your loved ones are living in. If a resident in a nursing home is subject to third-party abuse, such as an injury caused by another resident, the nursing home facility can be held liable for failure to supervise, meaning it did not provide adequate supervision or security to ensure such incidents don’t take place.
These are just a few examples of when a Kenedy nursing home is liable for elder neglect. Placing those who are vulnerable in nursing homes should not come with uncertainty regarding the conditions they are living in. If you suspect a loved one has been a victim of Kenedy nursing home negligence, contact an experienced attorney at Carabin & Shaw. Our attorneys have ample experience fighting for those who can no longer fight for themselves and winning the justice and compensation they deserve.
Your first consultation with an attorney is free, so call today. Contact Carabin & Shaw of Kenedy at 830.583.2828 or toll-free at 800-862-1260.