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Legal options are available following nursing home abuse

The expectation when elderly individuals enter a nursing home is that they will be well cared for. Unfortunately, in some circumstances, elderly residents of nursing homes may sometimes be physically or emotionally abused. Nursing home neglect or nursing home abuse situations can sometimes lead to injuries or even death. Loved ones of victims of nursing home neglect or nursing home abuse may have legal protections to consider following an incident of nursing home negligence.

Nursing home negligence may lead to a personal injury or wrongful death claim for damages. In circumstances when a nursing home employs poorly trained staff; inadequately trained staff or staff with a history of violence, or a nursing home is inadequately staffed, and harm results to victims, it may create a claim of nursing home neglect or nursing home abuse.

A claim for damages to hold either a nursing home or its employees accountable for nursing home abuse or neglect can include negligent personal supervision or care; negligent hiring and retention of employees; negligent maintenance of premises; and negligent selection of equipment or maintenance of equipment. As is true of either a personal injury claim for damages or wrongful death claim for damages, the various elements of such a claim, such as a failure to meet the applicable standard of care, apply.

There are several different levels of protection for victims of nursing home abuse and neglect, including through a claim for damages for the physical, financial or emotional damages victims and their family members may suffer as a result of nursing home abuse or nursing home neglect. As a result, it is important that victims and their loved ones are familiar with the legal protections, options and resources available to them when a loved one has been harmed in a nursing home.

Source: Injury.findlaw.com, "Nursing Home Abuse Claims," Accessed Aug. 3, 2017

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