Making the decision to place your loved one in a nursing home is not an easy choice to make. You likely exhausted all other options before finally deciding to use nursing home services.
Unfortunately, not all nursing homes treat their patients with the respect, dignity, and care that they deserve. When a nursing home facility does not meet the basic standards of care for their patients, families may have the ability to sue.
These are the most common reasons why families file lawsuits against nursing homes:
Failing to Prevent Falls
Many nursing home residents are in nursing homes because they are at a higher risk of injury due to illness or advanced age. Falls are one of the most common and preventable injuries suffered by nursing home residents. While not all injuries and falls are preventable, nursing homes have a duty to take reasonable steps to prevent injuries and falls.
Nursing homes have a duty to ensure that they hire qualified staff. They also have a duty to ensure that they adequately train their staff and to ensure that they provide enough staff to meet their resident’s needs. Unqualified or poorly trained staff or inadequate staffing can lead to resident neglect or abuse.
Residents should be effectively supervised so that they don’t fall or injure themselves.
Incompetent Maintenance of Health and Safety Policies
This includes maintaining clean and sanitary conditions in patients’ rooms and common areas.
Providing Inadequate Medical Care
This occurs when a patient receives substandard medical care and they are harmed as a result.
Standard of Care
Nursing homes that accept Medicare are required to abide by Federal Regulations that require a certain standard of care. Of these regulations, 42 CFR sec. 483.25 (h) states facilities must make sure that:
- Patient environments are as free of potential hazards as possible, AND
- All residents must receive adequate supervision and assistive devices in order to avoid accidents.
Nursing homes must also meet certain standards of care that are governed by Virginia law.
If a nursing home fails to meet these standards of care and a patient is injured as a result, the nursing home may be held liable for damages.
If your loved one is being abused or neglected in a nursing home, our lawyers at Obenshain Law Group can help you seek the justice your loved one deserves. Give us a call at (540) 318-7360 or fill out an online contact form.