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More and more Americans are requiring the long-term intensive care that a nursing home, assisted living, or rehabilitation facility offers. Unfortunately, many of these facilities are struggling to keep up with the influx of residents. Thousands of nursing homes across the country are understaffed or are staffed by employees who are not adequately trained. Sometimes these inadequacies lead to nursing home resident neglect and abuse. In extreme cases, these instances of neglect and abuse can be deadly.
Nursing Homes Have a Duty of Care
In personal injury law, the phrase “duty of care” refers to a responsibility that a party has to another party. Nursing home facilities and staff have an obligation to provide residents with a reasonable level of care which includes protecting residents from harm and maintaining a safe environment in the facility. When a nursing home fails to uphold this duty of care, the facility and/or staff may be legally accountable for injuries or deaths that result from this negligence.
Determining When a Death is a Wrongful Death
Nursing home residents are often elderly and suffer from many different cognitive and physical ailments. Because of this, deaths within a nursing home are not rare. Sometimes a nursing home resident passes away because it was simply his or her time. However, poor care can also lead to residents’ deaths. Many wrongful death suits are a result of negligent care or major nursing home staff mistakes.
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