Nursing homes have a legal duty to provide a safe and secure environment for their residents. If a resident suffers abuse while in the care of a nursing home, the nursing home may be held liable for the damages suffered by the resident. Damages may include medical expenses, pain and suffering, emotional distress, and other expenses related to the abuse.
In order to hold the nursing home liable for the abuse, the resident or their family may need to prove that the nursing home was negligent in its duty of care. This may involve demonstrating that the nursing home failed to properly train or supervise its staff, or that the nursing home failed to adequately investigate reports of abuse.
The abusive caregiver
If an individual caregiver at a nursing home is responsible for the abuse, they may be held liable for the damages suffered by the resident. To hold the caregiver liable, the resident or their family may need to provide evidence that the caregiver acted negligently or intentionally in causing harm to the resident. This may involve demonstrating that the caregiver was not adequately trained or supervised, or that they intentionally inflicted harm on the resident. It is important to note that the caregiver may not have enough resources to compensate the injured party, and it may be necessary to seek compensation from elsewhere. An experienced nursing home abuse attorney can help you with this.
The nursing home’s or caregiver’s insurance company(ies)
In many cases, nursing homes and individual caregivers may carry insurance policies that can provide compensation for damages suffered by residents due to abuse or neglect and the coverage can vary depending on the type of policy and the specific terms and conditions outlined in the policy.
When holding either the nursing home or caregiver liable for the abuse, their insurance policy may cover the damages suffered by the resident. However, it is vital to note that insurance companies typically try to wiggle out of making fair payouts, so if you or your loved one has suffered from nursing home abuse, you need an aggressive attorney to represent you and ensure you get fair compensation for the abuse.