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No one places a loved in into a nursing home with the expectation that they may suffer abuse. While the majority of facility staff members are caring and dedicated, a small percentage represent a real threat to vulnerable residents.
Every case is different. Therefore, some residents may experience physical abuse, while others may suffer psychological mistreatment. The experienced and caring Palm Beach Gardens personal injury attorneys at Kogan & DiSalvo could help a resident seek compensation from their abuser.
If you believe your loved one has suffered abuse or neglect, it is crucial to act immediately. Our Palm Beach Gardens nursing home abuse lawyers could review your case and assist your loved one through the litigation process.
Legal Rights of Nursing Home Residents
State law provides residents in care facilities with several guaranteed rights. A nursing home not only must abide by these rights, but also post them in a visible location in the facility. These protections are intended to guard against abuse, neglect, or mistreatment inside a nursing facility.
When a caretaker or facility violates these regulations, they could be liable for any damages or losses that the resident suffers. Palm Beach Gardens nursing home abuse lawyers could assist someone in pursuing a nursing home abuse claim by helping them prove that a defendant violated a resident’s legal rights. Some of these rights include:
- Protection from punitive restraints
- Ability to access to a lawyer
- Living in an environment free from mistreatment or neglect
- Protection of personal finances
- Ability to choose and be aware of their medical care
Potential Defendants in Abuse Lawsuits
Most of these lawsuits seek compensation directly from the abuser. However, other entities may have played a role in a resident’s mistreatment. To ensure a claimant has the best chance to obtain compensation for their injuries, Palm Beach Gardens nursing home abuse attorneys should work diligently to identify all potentially responsible parties.
Caregivers
Caregivers working for a nursing home are in constant contact with its residents. Because of these close quarters, it is typical to see an employee of the facility responsible for the abusive behavior or neglect. When abusive behavior occurs, the resident has the right to seek compensation directly from their assailant.
Nursing Home Owners
The nursing homes themselves also may be defendants in these lawsuits. These facilities may be more likely to have substantial assets to pay a claim compared to an employee. Therefore, it may be more beneficial for a plaintiff to sue the facility for the abuse they suffered. Additionally, nursing homeowners could face liability for their own negligence. These facilities have a duty to vet the people they hire. If they bring in unqualified or dangerous employees, their hiring practices could end up costing them.
Reach out to a Palm Beach Gardens Nursing Home Abuse Attorney
No person or facility should deny a nursing home resident their rights. If your loved one experienced abuse or neglect in their care facility, you should contact the compassionate attorneys at Kogan & DiSalvo to ensure your family member’s rights are protected. Our Palm Beach Gardens nursing home abuse lawyers could discuss your options during a free initial case consultation.
