Typically, older people move into nursing homes with the expectation that they will receive good care and be safeguarded from the effects of mental and/or physical deterioration. However, nursing home abuse lawyers in Angola, Indiana handle claims that involve the negligence of caregivers. So, if you need a personal injury attorney in this practice area, you can refer your case to such legal entities as the Thomas Law Firm.
Causes for Neglect or Abuse
In nursing homes or similar institutional settings, several elements have been shown to lead to the neglect or abuse of residents. These factors include inadequately trained staff members, a staff that reportedly has a history of violence, isolation of the residents, and the reluctance of residents to report abuse because of fear or embarrassment.
According to nursing home abuse lawyers, nursing homes can be held legally liable as the result of negligence, patient abuse, or violations of criminal statutes. These violations often pertain to the general operation, maintenance, or licensing of a nursing facility.
When an older person is abused it can give rise as well to adult protective services intervention, a civil suit for damages, or criminal prosecution. Each of these three processes have different goals. While the goal of protective services is to offer immediate help, the objective of a lawsuit is to receive damages. Criminal prosecution is intended to punish the party at fault.
Nursing home abuse lawyers add further that liability of a nursing home employee or owner can occur as the result of negligent hiring and retention of staff, negligent personal supervision and health care, negligent selection of equipment, or the negligent maintenance of the nursing home premises. The injured party must prove liability by showing that the owner breached a duty of care, that the individual’s injury was caused by the breach, and the conduct of an owner or employee led to the injury.