Are Nursing Homes Responsible For Resident-to-Resident Abuse?
Residents can harm or abuse other residents in nursing home settings. This is more common in crowded facilities that are understaffed. Federal law requires all nursing homes to protect their residents from harm and abuse. This means that it is the nursing home’s responsibility to ensure that proper steps are taken to prevent residents from harming each other.
You should consult with a strategic and reliable nursing home abuse attorney if your loved one was injured or harmed by another resident.
What is Resident-to-Resident Abuse?
The National Consumer Voice for Long-Term Care has defined resident-to-resident abuse in senior homes as any interaction (verbal, physical, or sexual) that is unwelcome and may be construed as having a high potential to cause psychological and physical distress in the recipient. There are a few common instances of resident-to-resident abusive behavior in nursing homes:
- Physical abuse (biting, kicking, hitting, scratching)
- Verbal abuse (screaming, swearing, cursing, verbal threats)
- Sexual abuse (exposure, unwelcome sexual advances, kissing, touching, trying to get into bed)
- Other abuse (destroying property, throwing items, threatening gestures)
Responsibilities of Nursing Homes
Resident-to-resident abuse is usually perpetrated by those residents that suffer from dementia and other type of mental health issues as per the National Center on Elder Abuse. Based on this, this doesn’t mean that the facility doesn’t have a responsibility of protecting residents from abuse and mistreatment.
In most states nursing home residents have clear rights when a long-term care facility fails to take the necessary steps to protect their quality of life, privacy, safety, living accommodations, grievances, and quality care.
A few examples include:
- Protection of possession and money
- Free choice
- Freedom from abuse
Holding a Nursing Home Liable for Mistreatment
Nursing homes are required by the law to protect their residents from mistreatment, abuse, and harm. This is whether the abuse is from employees, visitors, or other residents. The nursing home can be held liable for injuries caused if they fail to take necessary actions and precautions to safeguard the rights of their residents.
Foreseeability is one of the primary factors in determining whether the nursing home can be held responsible for your loved one’s injuries in resident-to-resident abuse. Nursing homes are required by law to prevent foreseeable harm to their residents.
They are supposed to complete a thorough assessment of a new resident when admitting them to the facility by speaking with friends and family, and reviewing their medical records. Not performing a proper initial assessment can be categorized as negligent behavior.
An experienced nursing home abuse attorney can help you gather the necessary evidence to file a liability claim against the nursing home.
Our Nursing Home Abuse Attorneys Will Fight to Maximize Your Damages in the Shortest Possible Time
If you or a loved one has been the victim of resident abuse, the experienced and skilled nursing home neglect attorneys at Walton Law can help you hold the nursing home liable and seek the compensation you deserve. Our seasoned attorneys are relentless in their pursuit and dedication to achieve justice for senior victims that have been harmed while in the care of a nursing home. To set up your complimentary consultation, call (866) 338-7079 or reach us online.