Nursing homes are designed to keep elderly adults safe at a time in their lives when they can no longer care for themselves. It’s horrifying to learn that some elderly adults are neglected while they are residents of nursing homes. Some have even become ill or died due to the coronavirus getting into their nursing home.
Although it’s not possible to prevent illness or death in every situation, a nursing home could be held legally responsible for illness or death of a patient in their care due to negligence. If someone was harmed at a nursing home due to neglect on the part of the staff, the nursing home could be sued for the harm that an elderly resident suffered.
If you have questions about whether you should be thinking about filing a personal injury claim against a nursing home where your loved one was a resident, talk to an attorney at The Kindley Firm, APC, about your case.
When You Could Sue a Nursing Home for Neglect
Even before the coronavirus came to the U.S., you had the right to sue for nursing home abuse. Sadly, elderly adults are abused in nursing homes throughout the country. There are laws in place to protect the elderly, and most nursing homes have some procedures designed to protect elders from abuse.
Elder abuse takes many forms, such as physical abuse, sexual abuse, mental abuse, financial exploitation, and mistreatment or neglect. Neglect can include failure to provide adequate medical care or failure to respond appropriately to an emergency situation.
For example, several nursing home abuse claims came out of the Hurricane Katrina disaster in New Orleans. When an emergency situation arises, you must respond appropriately and make the safety of the nursing home residents a priority. When nursing homes fail to protect their residents, or neglect them in any other way, the nursing home could be sued.
What’s the Purpose of Filing a Lawsuit for Nursing Home Abuse?
Nursing home abuse lawsuits can serve several purposes. For example, your claim could serve as justice for your beloved family member who was neglected during the COVID-19 crisis. Those who failed to respond appropriately could be held accountable for what they did.
Your claim could also result in financial compensation for your elderly family member. Here are some types of damages that could be paid out in a nursing home abuse claim:
- Pain and suffering
- Medical costs
- Lost income (for family members who needed to respond to this situation)
- Mental trauma
- Permanent adverse health effects
- Loss of life enjoyment
Connect with a Nursing Home Neglect Lawyer in California
Neglecting an elderly resident of a nursing home is never okay—even in times of crisis. While most nursing home staff probably don’t want their residents to be harmed by the coronavirus pandemic, they need to make sure their actions are appropriate under the circumstances.