Can a nursing home, assisted living, adult day care, convalescent center, or rest home be held liable for negligence?

Can a nursing home, assisted living, adult day care, convalescent center, or rest home be held liable for negligence?

Caring for our Seniors

Nursing home, assisted living, adult day care, convalescent centers, or rest homes can all be held liable for negligence or medical malpractice. When an employee of a nursing home acts or fails to act resulting in harm to the patient there is a potential for a claim. You can make a claim for neglect, medication errors, falls, fractures, and improper wound care.

Many of these facilities fall under 42 CFR § 483.25 which provides, “Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices”

They must make sure that the patient receives proper treatment including preventing pressure ulcers, performing foot care, and keeping the nursing home free of hazards. They must provide proper nutrition and hydration as well as respiratory care. The list goes on. All of this care must be provided in manner that complies with their legal duty imposed by law.

Seniors have a must higher risk of falling than anyone else. The medical community knows this risk and must take appropriate and reasonable steps to help the patient avoid injury. Other areas to watch for includes bedsores, pressure ulcers, injuries from falls, dehydration, and malnutrition. 

These injuries can result from acts of negligence or a violation of the standard of care and entitle you, the patient, to compensation in a court of law.

National Center on Elder Abuse — Reports and Studies” Administration on Aging. N.p., n.d. Web. 22 May 2013. http://www.ncea.aoa.gov/NCEAroot/Main_Site/FAQ/Nursing_Home_Abuse/Reports_Studies.aspx

“Nutrition Care Alert.” Medicare. N.p., n.d. Web. 22 May 2013. http://www.medicare.gov/Nursing/Campaigns/NutriCareAlerts.aspx

National Center on Elder Abuse — Reports and Studies” Administration on Aging. N.p., n.d. Web. 22 May 2013. http://www.ncea.aoa.gov/NCEAroot/Main_Site/FAQ/Nursing_Home_Abuse/Reports_Studies.aspx

“Nutrition Care Alert.” Medicare. N.p., n.d. Web. 22 May 2013. http://www.medicare.gov/Nursing/Campaigns/NutriCareAlerts.aspx

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