When nursing home abuse occurs, it’s important to hold the responsible parties accountable.
One of the first steps in preparing a case is determining who may be liable. The answer isn’t always obvious. Sometimes, there might be multiple parties responsible for nursing home abuse.
At Bobby Jones Law, our nursing home abuse lawyer explains who may be liable for a loved one’s harm in a long-term care facility in South Carolina.
Who May Be Liable for Nursing Home Abuse?
A nursing home may be liable for nursing home abuse for the actions of their nurses, assistants, and staff.
Third parties may also be liable, including healthcare organizations that operate in the facility, companies that provide contracted services to the facility, and providers of equipment and supplies.
Parties that May Be Liable for Nursing Home Abuse
The nursing home
In South Carolina, a nursing home may be held liable for the actions of their employees.
For example, if a resident is not given their medication, or if there is a mistake and they are given the wrong medication, the nursing home may be responsible for paying compensation.
There are two ways that a nursing home can be liable for the actions of their employees.
The first is vicarious liability, also known as respondeat superior. These legal terms just mean that the nursing home workers are the agents of the nursing home, and the nursing home is responsible for what they do.
A nursing home can operate only through the actions of their employees. The employees are agents. Their actions can make the nursing home itself liable for abuse and the harm that results to residents. For vicarious liability to apply, the worker must be acting in the scope of their employment and on duty at the time of the abuse.
Another way that the nursing home may be liable for the actions of their workers is through negligent hiring, supervision, and retention. It may be an act of negligence by the nursing home that the home doesn’t properly train staff. They may hire someone who is unqualified or fail to dismiss them after previous incidents. The actions of facility management leading up to the abuse may be an independent act of negligence that makes the nursing home liable for abuse.
Nurses, assistants, staff
Nurses, assistants, and staff can be held liable for acts of nursing home abuse. These professionals are obligated to act with care and caution. It’s usually in your interest to hold the nursing home liable for abuse, if possible. The nursing home is likely to have insurance or otherwise have an ability to satisfy a large judgment. However, individual staff members can be held accountable for their actions, including intentional acts of abuse.
Healthcare organizations providing care
An outside healthcare organization may provide care within a nursing facility. To the extent that they are a separate entity, they may be held liable for the actions of their staff.
If a doctor travels to the nursing home to provide care, the entity that they practice under may be the party with liability.
Medical suppliers, equipment suppliers
A nursing home relies on medical suppliers and equipment to provide services. For example, they may use specialized beds with rails. They may rely on wheelchairs, walkers, and other medical supplies to deliver services to residents. If these items are defective, the result may be injury to patients. A medical supplier may be held liable for a defective product. The nursing home may be liable for failing to inspect products or for using a product known to be defective.
Third party contractors
There may be third parties that provide services within a care facility. For example, a third party may provide food service. There may be a bank branch that operates in a facility or special events coordinators. If these companies are responsible for abuse through their workers, they may be held liable.
Pharmacy
Many people who live in a care facility take medication. They may be the victim of a pharmacy error, including the wrong medication, patient, or dose. If the pharmacy made an error, they may be responsible for nursing home abuse.
Pharmaceutical company
A pharmaceutical company may be held accountable for a defective drug used by a nursing home resident. They must warn of dangers associated with their products so that consumers can make informed choices about their care.
How Do I Determine Who is Liable for Nursing Home Abuse?
To determine who is liable for nursing home abuse, you investigate what happened and why it happened.
For example, you may know that a patient fell and suffered a broken hip. When you investigate, you may discover that the patient reported their walker as defective two weeks prior.
Parties at fault may be the nursing home for failing to replace the broken walker and the company that makes the walker for having a defective product.
It’s important to determine who is liable for nursing home abuse
To receive fair compensation for nursing home abuse, you must name the parties responsible in your legal claim. You must identify misconduct that makes them responsible. You must prove your case. A case begins with an investigation into liability. Then, you follow the procedural steps to bring the party to court. These steps must be followed precisely for you to receive compensation.
In addition to your compensation, liability for nursing home abuse is important for accountability.
By holding responsible parties accountable for what has happened, you may prompt positive changes. Accountability may prevent similar harm and may lead to positive changes throughout the nursing home industry.
Legal Help for Nursing Home Abuse in Greenville, SC
If you are wondering who may be liable for nursing home abuse in your situation, please contact Bobby Jones Law. A lawyer can review your case. Lawyer Bobby Jones can determine who may be liable and how to pursue your case. He can answer your questions and identify legal issues that may be especially important.
For your consultation, call or message us now.
