When is a San Diego Nursing Home Liable for Resident Injuries?

Elderly residents of nursing homes and assisted living facilities in San Diego County can sustain injuries in many different ways, unfortunately. In some cases, an elderly resident might suffer a preventable injury resulting from negligence. In other words, nobody intended to harm, but a lack of proper care or a failure to attend to safety concerns might have resulted in an accident and injury. Under other circumstances, an elderly resident might be harmed by intentional abuse at the hands of a staff member or caregiver. When is a San Diego nursing home itself liable for resident injuries? In short, a nursing home or assisted living facility can be liable in most cases involving resident injuries. Our San Diego nursing home abuse lawyers can tell you more.

Medication Mistakes

Medication mistakes are especially common in nursing homes, and they can involve mistakes in prescribing, dosing, filling prescriptions, and administering drugs. Often, staff members without the necessary training make errors in administering resident medications, and those residents sustain injuries. Even if a particular healthcare provider may also be liable for a medication mistake, nursing homes can also be liable.

Falls Caused by Negligence

Falls, including both falls from heights (such as out of beds, or down staircases) and slips and falls in nursing homes usually result from negligence. For example, a facility might not have enough staff members to help a resident out of bed or with bathing, or a liquid spill or area of torn carpeting might not have been remedied quickly enough. In nearly all of these kinds of cases, the nursing home can be responsible for injuries.

Bed Sores and Passive Neglect

Bed sores occur often in nursing homes as a result of passive neglect, and sometimes from willful deprivation. If a resident with mobility issues does not receive enough care and assistance with movement, bed sores can arise. Regardless of whether limited care is unintentional (as it often is) or intentional, the nursing home itself may be liable.

Intentional Abuse Perpetrated by Staff Members

Even in cases where a staff member intentionally causes harm to a patient by perpetrating physical abuse, emotional abuse, or sexual abuse, the facility can still be responsible. The Centers for Disease Control and Prevention (CDC) emphasizes that these are all common forms of abuse that can result in severe injury to elderly residents of nursing homes and assisted living facilities. Those facilities are responsible for completing proper background checks and overseeing staff members. Accordingly, intentional abuse by one or more staff members ultimately can result in the facility’s responsibility for the resident’s injuries.

Contact a San Diego County Nursing Home Abuse and Neglect Attorney Today

Nursing homes owe a duty of care to residents, and these facilities (and their owners) can be liable when an elderly resident sustains an injury resulting from negligence or intentional abuse. The above examples of nursing home liability are simply some examples — there are a wide range of circumstances in which a skilled nursing facility can be responsible for harm that a resident experiences. It is also important to know that, in addition to holding a nursing home liable, other parties may also be liable for an elderly resident’s injuries in a nursing home or assisted living facility. An experienced San Diego nursing home negligence lawyer can talk with you today about your case and your options for filing a claim. Contact the Walton Law Firm to learn more about how we can assist you.

 

See Related Blog Posts:

Emotional Abuse and Social Media in San Bernardino County Nursing Homes

Abuse Underreporting in Nursing Homes

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