Answers To Common Questions About Nursing Home Negligence
It is devastating to know or suspect that an aging parent or other loved one has been abused or neglected in a nursing home. If you are facing such a crisis, you likely have many questions in addition to worry and concern.
On this page, we’ve answered some common questions our attorneys receive about nursing home negligence. After reading, you can contact Pratcher Krayer LLC to ask your own questions in a free consultation.
Should I contact the authorities if I suspect neglect or abuse?
You certainly have that option. Among its many other responsibilities, the Delaware Department of Justice is tasked with protecting nursing home residents from fraud, abuse and neglect. Depending on the details of your case, the harm your loved one suffered may be better addressed in a civil suit or an out-of-court settlement, but it can be difficult to know this before an investigation has taken place.
We recommend contacting our firm first to discuss your options with our skilled and caring attorneys. We will help you take all appropriate actions in response to the suspected negligence, including civil action and reporting to the appropriate authorities.
Should I move my loved one to a different facility when taking legal action?
You would be well within your rights to transfer your family member to a different facility even if you didn’t suspect negligence, and it would certainly be a prudent move if you are suspicious. It is illegal for nursing home owners/staff to retaliate against your loved one for filing a complaint, but it could still happen. Transferring to a different facility (or into your personal care, if you have this option) would be the surest way to protect your loved one from further harm.
What’s the difference between nursing home neglect and nursing home abuse?
The biggest difference between the two is the intention of nursing home staffers and owners. Neglect is a failure to give residents the care and attention they need and deserve. It often occurs because the facility is understaffed or because employees are poorly trained. Abuse is the intentional infliction of harm. Individual staffers may become violent with residents when frustrated, or they may be verbally and emotionally abusive. Most people don’t talk about it, but sexual violence also occurs in nursing homes.
While abuse is more intentional, neglect can be just as harmful and is just as unacceptable. Both call for intervention from authorities and legal action in civil court.
Who may be held liable for nursing home negligence?
While nursing home staffers seem like an obvious target for legal action, chances are good that the problems run all the way up the chain of command. Managers and owners are typically also responsible for the actions of their employees. When we take your case, we will work tirelessly to hold all negligent parties accountable for the harm your loved one has suffered.
Contact Us Today To Discuss Your Concerns
At Pratcher Krayer LLC, our attorneys listen and care. To discuss your concerns and legal options during a free initial consultation, call our office in Wilmington at 302-566-1796. You can also fill out our online contact form.