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

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.