Nursing homes are entrusted with the care of our most vulnerable loved ones. They are meant to be places of comfort, safety, and compassion. However, sometimes, they fail to uphold their duty of care, leading to instances of neglect or abuse. In these unfortunate circumstances, it’s important to understand who can be held liable. A Des Moines nursing home injury lawyer can help you investigate the case and find the one who can be held liable for the abuse that occurred.
Here is a list of individuals who are most commonly held liable in nursing home neglect or abuse cases.
- Individual Caregivers
The first line of responsibility lies with the individual caregivers. These are the people directly interacting with the residents on a daily basis, providing them with medical care, personal assistance, and companionship. When a caregiver abuses a resident physically, emotionally, or financially, then they can be held personally liable for their actions. This liability extends to both intentional acts of harm and instances of neglect resulting from carelessness or indifference.
- Nursing Home Facility
While individual caregivers bear direct responsibility, the nursing home facility itself also carries a share of the liability. The institution is responsible for hiring competent, compassionate staff and ensuring they are adequately trained and supervised. If the facility fails in these duties, it can be held accountable for negligence.
For instance, if an injury occurs because a nursing home failed to maintain a safe environment or if a resident suffers from malnutrition because the home did not provide adequate meals, then the facility could be held liable.
- Staffing Agencies
In some cases, nursing homes contract with staffing agencies to fill positions within the facility. If an agency worker abuses or neglects a resident, both the worker and the agency can be held liable. The staffing agency is responsible for conducting thorough background checks and ensuring that its employees are qualified and competent. If the agency fails in this duty, it can share in the liability for any harm caused.
- Medical Professionals
Nursing homes often contract with medical professionals to provide certain types of care, such as physical therapy or psychiatric services. If a contracted medical professional provides substandard care that results in harm to a resident, both the professional and their employer can be held liable.