An acceptable nursing home facility must be safe, clean, and properly equipped. Residents must have regular meals, social services, medical care and emergency care. Trained staff must be present at all hours.
Slip and falls are the leading cause of nursing home injuries.
Abuses may be physical, sexual, emotional or financial. The results of abuse or neglect can be subtle, such as depression or withdrawal. When visiting a loved one, ask questions, check financial records and investigate anything that raises suspicion.
Thus, it is often up to family members and visitors to discover the problem and take action. Legal problems in a nursing home will take one of two forms:
- The poor condition of the facility
- Bad conduct of employees
Courts will consider things like common practices in the industry, and regulatory standards established by the government.
Abusive conduct may justify an award of punitive damages, meant not just to compensate the victim, but to punish the offender.
Other types of compensation courts will award include medical expenses, physical suffering, mental anguish, and if the victim dies, loss of companionship and support for surviving relatives.