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Nursing Home Liability: Who is Responsible for Injuries to a Loved One?

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Nursing Home Liability: Who is Responsible for Injuries to a Loved One?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Nursing Home Liability Himpro

Nursing homes were created to help care for some of the frailest members of our community. These care facilities help those who often do not have the ability to care for themselves in a way that is best for their health. A majority of the patients of a nursing home are the elderly, but younger people in need of care and some people who need care immediately after surgery may also be found using these facilities.

With a growing population of elderly people, the use of these facilities has significantly increased in recent years. Sadly, the instances of abuse and injuries have also increased. It is important for family members not only to recognize the signs of injuries and abuse but also know who is accountable for the nursing home liability.

If a loved one contracted COVID-19 while residing in a nursing home – there may be a case for negligence.  Let us help you wade through the complicated circumstances to find out.

Nursing Home Liability – Management or Owners of the Facility

If the management or owners of the facility has acted in ways that could lead to harming the patients, they may be held liable for those injuries. Different scenarios that could place management or owners in a position of liability include:

  • Hiring practices leading to unqualified or dangerous employees
  • Having too few medical staff to care for the patients
  • Building maintenance or cleanliness standards leading to infections
  • Security procedures which may allow harmful people to enter premises

Nursing Home Liability Ontario – Medical Care Providers

The doctors and nurses can be held liable for their care for these patients. If the medical care staff is not paying attention to the needs of the patients, overlooking medical conditions because of their age or health standings, overlooking signs of abuse from other employees, or failing to provide overall quality care, they can be held accountable for their actions.

Doctors and nurses are the first lines of defense against sickness and injuries in these facilities. If the patient is not being cared for properly by them, it is easy to assume that other staff members are also not providing quality care.

Nursing Home Staff Members

Staff members such as orderlies, technicians, therapists, kitchen staff and cleaners all have the potential for causing harm to a patient. It is the medical care providers and the family’s responsibilities to make sure that their loved ones are not being harmed while in the care of these facilities.

Nursing Home Liability Ontario Guests of Other Patients

There have been incidences where visitors to other patients are harming people to whom they are not related. These visitors go to the nursing home to visit a loved one and cause harm to others. It is hard to believe that this could happen, but it does. It is the responsibility of the nursing home to protect all patients from anyone that enters their property.

Responsibilities of the Family

When you place your loved one in a nursing home you do so with the trust that they will not be harmed. However, it is imperative that you stay diligent about their care and condition. Many elderly people are unable or unwilling to disclose that they are being harmed by a care provider.

Some patients feel if they reveal that they are being harmed that they will have their medical care withheld. Some are so embarrassed by the abuse that they feel ashamed to let anyone know that it is happening. Other patients are in a medical condition where they are unable to reveal what is taking place when their family is not there.

If You Need Help

If you believe that your loved one is being harmed in any way under the care of a nursing home facility, you must act on their behalf. Contact a nursing home abuse lawyer so that an investigation can be started by the proper authorities. Once the investigation has started, your lawyer can seek compensation for your loved one for their losses and injuries.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
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21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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23:38 12 Dec 23
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15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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