Who Should I Sue in My San Bernardino County Nursing Home Abuse Lawsuit?

Nobody should have to learn that an elderly loved one has suffered injuries while living in a San Bernardino County nursing home. Yet injuries and deaths resulting from nursing home abuse and neglect happen much more frequently than most of us would like to think about. When an older adult does suffer serious injuries, or dies as a result of those injuries, it is critical to begin working with a San Bernardino County nursing home abuse lawyer to file a claim against the responsible parties. 

Yet how do you determine who is responsible for a senior’s injuries? Does liability differ when injuries arise out of unintentional passive neglect as opposed to intentional physical or psychological abuse? Every case has its own set of circumstances, so it is essential to determine how to file your claim with help from a lawyer. In the meantime, we want to provide you with general information about some of the parties who could be liable for injuries in a nursing home abuse lawsuit in Southern California.

Nursing Home Staff Members

Nursing home staff members may be individually liable for nursing home abuse and neglect injuries in certain circumstances. It will depend upon the facts of your case, but a staff member may be sued in cases where that staff member engaged in intentional acts of physical abuse, emotional abuse, sexual abuse, or other forms of abuse. You should seek advice from a nursing home abuse lawyer.

Outside Third Parties

In some cases, a third party outside the nursing home or its staff members may be liable. For example, a vendor who delivers goods and causes harm could be liable for injuries if that vendor’s actions caused harm, or a repair person who negligently repairs a handrail that ultimately results in a slip and fall could be at fault.

Nursing Facility

While staff members at nursing homes and certain third parties may be liable for injuries resulting from nursing home negligence, the nursing facility is almost always liable in these cases. Even if the nursing home did not have specific knowledge of a staff member’s behavior, or did not realize that a contractor’s repairs at the facility were inadequate to repair a hazardous condition, the nursing home has a duty to residents to provide quality care in a setting where the resident does not have to fear for his or her safety or suffer harm as a result of negligence.

Accordingly, most San Bernardino nursing home lawsuits filed under California law will name the nursing home as a defendant. Depending on the specific facts of the case, the nursing home may be responsible, at least in part, for harm caused by anyone employed by the facility. Nursing homes have a duty to conduct background checks on employees, to train them, and to monitor them.

Contact a San Bernardino County Nursing Home Negligence Lawyer

Was your elderly parent or loved one harmed in a nursing home in Southern California? You should not hesitate to seek advice from our experienced San Bernardino County nursing home neglect attorneys about your options for seeking financial compensation and holding the liable party accountable. Contact the Walton Law Firm to learn more about how we assist elderly nursing home residents and their families throughout Southern California.


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