Nursing homes and assisted living facilities have a legal responsibility to provide high-quality, compassionate care to their residents. However, certain issues, such as chronic understaffing, lack of training and oversight, and mismanagement by facility owners, sometimes lead to neglect or even intentional abuse of vulnerable elderly individuals by the very people entrusted with their daily well-being.
If you have learned or suspect that your loved one is being mistreated inside their nursing home, you may need to act as a family member and seek legal help from a talented personal injury attorney. An experienced Merrillville nursing home abuse lawyer from The Law Offices of David W. Holub could guide you through every step of this process, explain all your options, and fight tenaciously to protect your entire family’s best interests.
Who Is Legally Liable for Injuries Inside Nursing Homes?
Nursing home mistreatment violates the duty of care that all nursing home staff members owe to their residents. This may take the form of malicious physical or verbal abuse, denial of food or medications, or simply a failure to be diligent about keeping public spaces clean and regularly checking in on residents. In all of these scenarios, the person most directly to blame for a particular hazard being present or for a particular injury occurring can be held directly liable for the ensuing losses.
In practice, it is often prudent to name individual negligent staff members and nursing home owners or administrators as co-defendants. People who own and operate facilities of this nature also have a duty of care to ensure the safety of their residents and must ensure they hire only qualified personnel to work with those residents. They may be held vicariously liable for their employees’ misconduct or even directly liable for substandard business practices. Our attorneys in Merrillville could provide you with further information to assist you in filing a nursing home abuse lawsuit.
Filing a Suit on an Elderly Family Member’s Behalf
Another unique complexity that often affects nursing home abuse lawsuits is that many nursing home residents have serious cognitive impediments, which prevent them from effectively advocating for themselves. This makes them more vulnerable to mistreatment by unscrupulous or untrained care providers. Moreover, it can render a resident unable to represent their own best interests in court, preventing them from filing a lawsuit over the harm they have suffered.
Fortunately, close family members or other trustworthy partners are allowed to act on behalf of their loved one—pending court approval—and file a suit in their loved one’s name in such cases. However, there are unique rules and restrictions for lawsuits of this nature, which you must have a clear understanding of in advance, before filing a suit. A nursing home abuse lawyer from our Merrillville office could advise you further on this matter as necessary.
Contact a Nursing Home Abuse Attorney in Merrillville Today
No one wants their family member mistreated by nursing home staff or administrators. However, it is important to be aware of this risk as well as of the rights your family may have to file a suit for neglect or abuse. Acting quickly upon discovering potential mistreatment can be vital to minimizing further harm.
If you have questions about your legal options or about what the best path forward would be for you and your loved ones, a Merrillville nursing home abuse lawyer could provide the answers and information you need. Call The Law Offices of David W. Holub today to schedule a consultation.