As soon as the contract is signed between an elderly individual and their long-term care facility, the responsibility of ensuring the well-being of the resident gets transferred to the management of the nursing home. Since senior residents often require a lot of care and assistance, the nursing home has basically agreed to offer the strict duty of care required to help the resident live a healthy and fulfilling lifestyle.
It is easy to assume that if anything goes wrong in the nursing home, it is the fault of the employees or the management. However, this is not always the case. In some cases, a third party may be held responsible for the suffering or injuries a person received while living in a nursing home.
A third party can be accused in the following situations:
- If a device failed to work properly due to a malfunction (such as a wheelchair)
- If a device failed to work properly due to poor maintenance (such as a medicine dispenser)
- If another resident caused physical or emotional harm to the person
If a resident of the nursing home suffers from an injury due to any of the above reasons, they can take legal action against the relevant third party in order to get compensated. A nursing home abuse lawyer in Edinberg, Texas can help a person through the legal process required to hold the individual responsible. If a resident was injured due to their wheelchair malfunctioning, they can contact the manufacturer of the wheelchair and hold them accountable.
If they were given an overdose of medication or they were given medication through unhygienic and poorly maintained medical devices, they can hold the individual to account who was responsible for maintaining the medication. If they received injuries due to the carelessness or recklessness of their fellow residents, they will most likely be able to file a lawsuit against the individual who caused them harm.
What should I do if I was abused in my nursing home?
No matter who the source of the abuse is, a person who was harmed in any way should seek out help from their close circle of family and friends. If speaking with the management and the employees does not change a person’s living conditions for the better, they should go forward and hire a legal representative to take matters to the next level.
The nursing home will be held directly responsible for the abuse if it is found that they were negligent towards the needs of the resident. If the harm was caused due to a third party, then the third party will be pulled into the lawsuit as well. It is not uncommon for both the nursing home and a third party to be liable for the injuries a resident suffered.
Abuse which occurs in a nursing home is so concerning because it can quickly escalate and result in serious injuries or even the death of the resident. Residents should make sure to call in their support system or their lawyer to help them fight against the injustice they are facing.