If you or somebody you love has suffered abuse or neglect in a nursing home, you have the option of filing a lawsuit in order to recover compensation and receive justice. But who exactly can be held legally responsible for nursing home abuse, if anybody at all?Â
In this article, we explore the issue of liability as it pertains to nursing home abuse and neglect.
Liability refers to any type of duty, obligation, debt, or responsibility. In most countries, individuals can be held legally liable for acts or failures to act that encroach on other people’s rights. In these cases, the liable individual or party is required to pay damages.
When seeking to hold a party legally responsible (or liable) to pay damages in a civil lawsuit, negligence is a key factor. Negligence is defined as a failure to behave in a way that a reasonable person would be expected to under a certain set of circumstances, ultimately resulting in a loss to another party. A person can be held legally responsible for an act of negligence that causes harm to another party.Â
There are four components to negligence, including:
To hold a party liable for nursing home injuries or abuse, you must be able to provide evidence that proves all four components of negligence.
Nursing home abuse can occur at the hands of multiple individuals, including:
In order for a party to be held legally liable for an injury in a civil lawsuit, you must be able to prove that they owed a duty of care to the nursing home resident. A nursing home staff member can be thought to owe the residents a duty of care because all medical professionals owe a duty of care to their patients.Â
It can be a bit more complicated to prove that an unaffiliated individual such as a nursing home visitor owed a duty of care to the victim, but it is not impossible. Generally speaking, it is understood that all people owe a duty of care to others to avoid causing injury to them or their property.Â
Because of their nature as providers of extensive services, nursing homes owe a duty of care to their residents to keep them safe and free from harm and meet their basic needs. This includes everything from providing food to caring for their medical needs and more. If a nursing home fails to meet this duty of care, it may be held liable for it.Â
Types of abuse and injury that a nursing home can be held liable for include:
If a lawyer can provide evidence proving that a nursing home’s failure to meet the duty of care directly led to a resident's injuries, the nursing home may be held legally liable and required to pay damages.
It’s not only the nursing home itself that might be found liable for a nursing home resident’s injuries.Â
If the resident was injured because of a faulty device or piece of medical equipment, the liable party may actually not be the nursing home but an outside contractor who improperly installed or maintained the equipment or a manufacturer or designer of the faulty equipment.Â
Or if a resident suffered food poisoning, the liable party might be the vendor who supplied the food or the outside contractor who improperly prepared the food or failed to sanitize the kitchen.Â
If a nursing home patient is injured as a result of a security breach and the nursing home contracts with an outside vendor for security services, that security contractor may be held liable.Â
As you can see, personal injury law and legal liability can get rather complicated. If you are interested in potentially taking legal action regarding a nursing home abuse or injury case, it is important to consult with an experienced attorney who has worked on cases like yours in the past. They will be able to take a look at all of the facts of your particular case in order to determine which parties if any, may be able to be held legally liable.
Many of us will need long-term care somewhere down the line. Currently, 47% of men and 58% of women over the age of 65 are estimated to need long-term care at some point in their lives.
Yet elder care is known for being expensive. A one-bedroom unit in an assisted living community typically costs $141 a day, or over $4,000 a month. A home health aide usually charges up to $24 an hour.
And if you need more care than that, the average cost of a semi-private room in a nursing home in the United States is $225 a day, nearly $8,000 a month. A private room is closer to $9,000 a month. And if you prefer to live in a larger city or more central area, it’s likely to be even more expensive.
This high cost can be intimidating to those of us planning for our retirement or looking for solutions for our elderly parents. Thankfully, there are options out there for assistance with the cost of long-term elder care.Â
One way to handle some of the costs of long-term elder care is to purchase long-term care insurance. This typically provides coverage for home health care, personal care, nursing home care, and adult daycare.Â
Costs of long-term care policies are higher as the insured person ages. Most insurers will not accept applicants over the age of 75. The earlier you get a policy, the higher your chance of acceptance, and it is generally recommended to purchase it before the age of 60. You are much more likely to qualify for a policy if you are under 50 and still in relatively good health.Â
To receive the lowest premium, you can opt for an extended elimination period, meaning it will take longer for the insurance to kick in. The average annual premium for a 55-year-old couple’s long-term care insurance in 2021 was $5,025.Â
Medicare covers the cost of home health care but not a long-term stay in a skilled nursing facility. Medicaid, however, does cover the cost of a long-term stay in a nursing home. In order to qualify for either, individuals must meet specific income and asset requirements and be considered low-income.Â
If you are not currently low-income, it is possible to plan to become low-income by the time you will require long-term care. You can do this by giving your assets over to friends and family or by paying for your own care until your assets are depleted. Medicaid currently has a five-year lookback period, meaning that money transferred within the last five years will still count toward your assets.Â
There are several ways to use trusts, wills, and joint accounts in order to help you cover long-term care costs. Options include:
A reverse mortgage is a type of home loan that allows a homeowner to convert part of the value of their home into cash without having to sell the home. It is available to adults aged 62 and over. The loan is tax-free and can be used toward any expenses including the cost of long-term care. Individuals considering a reverse mortgage should speak to a financial expert as they can be quite complicated, and other options may be preferable.Â
Some states offer PACE, the Program of All-Inclusive Care for the Elderly, which is a combined Medicare and Medicaid program that covers medical, social service, and long-term care costs for people who would otherwise need care in a nursing home. It can be used to help people continue living at home rather than moving to a long-term facility.Â
Additionally, the U.S. Department of Veterans Affairs (VA) provides coverage for long-term care for some veterans who are eligible.Â
Finally, the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs provide financial assistance to people with disabilities, which can be used by people who are younger than 65 years old who are disabled according to the Social Security Administration’s definition.Â
One important thing to note for people planning to live in a residential facility, whether it be a nursing home or an assisted living community, is the risk of abuse. Nursing home abuse, or the harm, neglect, or mistreatment of residents by nursing home staff, is a serious risk for elders. It’s essential to learn about the different types of nursing home abuse and their warning signs in order to be able to identify and stop it.
Victims of nursing home abuse and their loved ones should immediately contact the relevant authorities for help. They may also speak to a nursing home abuse attorney to learn more about their options for pursuing justice through a civil lawsuit.
Nursing homes and assisted living communities are two types of residences for older adults.Â
A nursing home is a residence for people who need help with medical care and activities of daily living. They offer 24/7 care and assistance from both administrative staff and medical professionals. Residents of nursing homes may be elderly adults or people with disabilities who cannot or prefer not to receive care in their homes.
Each nursing home differs in its atmosphere. Some may feel more like a hospital, with the focus being on medical care. This type of nursing home will offer a variety of healthcare services, and there will be a nursing station on each floor.
Other types of nursing homes are more similar to a home or neighborhood, with the focus being on companionship and community building. They may allow couples to live together.
Assisted living communities are a residence for older adults who require some support with their health or well-being. They offer a number of various services, typically including:
Assisted living communities strive to offer a home-y feel with residential options ranging from apartments to standalone houses.Â
Unlike nursing homes, assisted living communities do not offer full-time care by specially trained medical staff. They are also not licensed by Medicare or Medicaid to provide skilled nursing services. For this reason, residents of assisted living communities are typically more independent and require less medical attention than nursing home residents. They may be younger, healthier, or using fewer medications. They typically take care of most of their needs on their own and are given more responsibility and more freedom within the facility.Â
Nursing home abuse is defined as any intentional or unintentional harm to a resident by nursing home staff. It is a severe issue that can lead to trauma, medical issues, and death. There are multiple types of nursing home abuse including:
Assisted living abuse refers to any type of abuse that occurs in an assisted living facility. Like nursing home abuse, assisted living abuse can take many forms, including physical, sexual, financial, emotional, and neglect. Assisted living abuse can be perpetrated by staff, other residents, or visitors to the facility.Â
While residents of both nursing homes and assisted living facilities are at risk of abuse, nursing home residents are typically more vulnerable because they may be older, in poorer health, and more dependent on their caretakers. For this reason, abuse is less common in assisted living facilities than it is in nursing homes. The most common type of abuse in an assisted living facility is emotional abuse, which at least 20% of residents regularly suffer. This includes insults and humiliation by staff and other residents.Â
While residents of assisted living facilities are less likely to become victims of abuse than residents of nursing homes, it is no less critical for them and their loved ones to educate themselves about the potential for harm and neglect. The best protection against both nursing home abuse and assisted living abuse is knowledge and vigilance. It’s essential to know the warning signs of abuse and regularly keep an eye out for them.Â
Some warning signs of abuse include:
If you suspect or know of a case of nursing home or assisted living abuse, there are several organizations and individuals who you can contact to make a report. Additionally, you have the option of pursuing justice in the form of a civil lawsuit. This will help you and your family be compensated for the pain and suffering caused by the abuse. Contact a nursing home abuse attorney to receive a free case review and learn more about your options.
Aging is a natural part of life that affects each of us sooner or later. As adults, a time usually comes when we have to make decisions about how to best care for our aging parents as they experience a potential decline in physical and mental health and, consequently, independence.Â
While this can be a somewhat challenging thing to go through emotionally and financially, it can help tremendously to plan ahead and do your research so that you feel prepared when the time comes.
In this article, we’ll explore what you need to know in order to take care of your elderly parents, including what needs they have and your options for meeting them.Â
The needs of elderly people can be split up into two categories.
Activities of daily living are the essential activities required to maintain physical and emotional well-being, ensure dignity and meet daily living needs. The activities of daily living include:
Additionally, there are instrumental activities of daily living, which are activities that, while not essential, help a person live an independent life. These include:Â
In order for elderly parents to live a healthy life, they need to have both of these activity types taken care of regularly. When your parents can’t take care of their activities of daily living and instrumental activities of daily living independently, it’s important to arrange help.Â
There are several options for arrangements you can choose to help your elderly parents based on their exact state and needs.
Most older adults prefer to remain in their homes and community. If your parents can take care of their own activities of daily living and can mostly handle instrumental activities of daily living on their own, the best option may be to help and monitor them as they continue to live alone.Â
There are remote home monitoring systems for seniors that are created to help you make sure your parents are meeting their own needs. These systems, combined with regular visits and other forms of assistance such as helping with errands, are a great option that will give you peace of mind that your loved ones are protected while allowing them to maintain their routine and independence.Â
If you prefer to be able to monitor your parents more closely on a daily basis, you have the option of moving them in with you. This will require more effort and commitment from you as a caregiver. You will need to be able to alter your home to safely accommodate your elderly parents, including adding railings, installing safety locks, making a bedroom available on the first floor, and providing ongoing care. Not everybody has the ability to commit to this option, but some may prefer it.
In-home care is a great option that allows your parents to continue to live in their own home, but with the monitoring and help of trained professional caregivers. In-home care can include both activities of daily living and instrumental activities of daily living. This option offers the benefits of comfort, one-on-one attention, peace of mind, and companionship. It is possible that your parents will prefer this over moving to an assisted living facility or independent living community. It may also be more cost-effective.Â
Independent living communities, also called retirement communities, are housing options for seniors. The exact living options may vary from standalone homes to apartments, but generally speaking, they all offer the benefits of elderly-friendly architecture as well as social interaction. Independent living communities typically include amenities such as laundry services and fitness centers, as well as interest groups and activities catered to older adults. This is a great option for elderly adults who do not require help with activities of daily living and can safely live alone.Â
Assisted living facilities are similar to independent living communities but offer personal care services in order to help with the activities of daily living including meals, dressing, bathing, and transportation.Â
Nursing homes offer round-the-clock medical care to seniors and disabled people who need help with both personal care and medical services. They are a good option for elderly people who require help with activities of daily living in addition to needing medical care and monitoring.Â
Note that living in a nursing home comes with a risk of nursing home abuse and neglect, which is defined as the intentional or unintentional harm of nursing home residents by staff members.Â
If you decide that a nursing home is the best option for your elderly parents, it’s best to familiarize yourself with the different types of nursing home abuse and their warning signs. This way, you will be able to regularly check in and monitor your parents to ensure that they are being properly cared for and not harmed in any way.
If you do suspect or identify that your parents have been victims of nursing home abuse, you have several options of people and organizations you can contact for help. Additionally, you can take legal action in order to receive justice and compensation for your family’s pain and suffering. Contact a nursing home abuse attorney for a free consultation on your case.
