Abingdon, Bristol and Johnson City
At the Law Offices of Michael R. Munsey, we have decades of experience handling elder abuse lawsuits and have the resources available to help families or nursing home residents with their claims.
Who is liable?
A nursing home is liable for elder abuse if the following occurs:
Negligent Hiring – Nursing homes are obligated to hire skilled professionals, qualified to perform their job. Their employees must have the necessary prerequisites or academic degrees in accordance with the law, be able to pass a background check, and have a clean record of no violence or abuse.
Understaffing – According to the Centers for Disease Control (CDC) nursing home staff to patient ratio must be no more than 1:1.64, which means no more one staff member to every two patients.
Inadequate Training – To keep up with the ever-changing needs of patients, nursing home staff must undergo training to be able to handle patients properly and to be able to meet their needs.
Third-party Responsibility Claim – The nursing home is held responsible for abuse caused by third-parties. For example, if a resident injures another resident, this would fall under the third-party responsibility claim.
Breach of Statutory or Regulatory Rights – Even at a nursing home, residents are entitled to privacy, autonomy, and dignity. If a staff member violates these rights, the resident may be eligible for compensation.
Medication Errors – Properly dispensing medication is of the utmost importance in any healthcare facility, especially a nursing home in which many residents rely on their medications daily.
Abuse – This would include physical, sexual, emotional, or financial abuse. Also, neglect or failure to provide necessary care for a patient such as basic hygiene, food, clothing, or proper shelter that results in a safety or health hazard is unacceptable.
Elder Abuse – What to look for:
When choosing a nursing home for your loved one, it is not an easy decision. Every day families put trust in the nursing home that they choose, and it can be difficult to determine or even accept signs of elder abuse.
Here is what to look for:
- Bruises or bleeding
- Physical discomfort
- Emotional withdraw
- Sudden financial difficulties, bills that are left unpaid, or changes to will
- Unexplained illnesses
- Bruises around elder’s genitals
If your elderly loved one has expressed concern to you, do not dismiss this as old age or dementia. If you recognize any signs of mistreatment, seek legal counsel with the Law Offices of Michael R. Munsey, immediately.
Representing the injured and disabled for more than 30 years, the Law Offices of Michael R. Munsey proudly serves Bristol, Johnson City, and Kingsport, TN, as well as Abingdon, VA. Call (276) 451-2056 to schedule your free consultation.