It’s obvious that not every bump or bruise can be blamed on the nursing home or its faculty. If one of your family members or loved ones is in a nursing home, it’s important that you understand what the nursing home’s duty of care actually means.
What is Duty of Care?
For any business, its duty of care is simply an obligation by law to provide a standard of reasonable care while performing acts that could harm others. If there is a breach of the duty of care, the business can be sued for negligence. What this means is that nursing homes have a responsibility to care for its residents and ensure they are in safe environments. This includes making sure personnel are properly trained as well as ensuring that the resident is protected as much as possible from the possibility of injury or harm.
Nursing Home Responsibility to Residents
For elderly people, the duty of care includes maintaining rights of the person to things like self-determination, freedom of choice, freedom of confidentiality, and dignity. It isn’t solely about protecting residents of nursing homes against physical abuse. Examples where a breach of the duty of care can happen with residents of nursing homes include:
- Care staff who do not respond to problems
- Neglect of basic needs
- Personal hygiene neglect
In many cases, the neglect or abuse isn’t visible. Taking advantage of an elderly person financially, for example, is also considered a form abuse. Because you might not see the injuries and harm that have happened, it can be difficult to detect. Abuse and neglect can go on for years before it is uncovered.
Signs of Nursing Home Neglect or Abuse
Unfortunately, when neglect or abuse happens in a nursing home, our loved ones aren’t always able to let us know. They might be afraid of repercussions, or might not even be aware of issues. Signs you can look for include physical injuries, malnutrition, bed sores, and sudden weight loss. If you suspect any neglect or abuse, it’s important that you investigate and make sure you have an experienced attorney on your side.
Contact an Experienced Nursing Home Neglect Attorney
When it comes to examining a nursing home’s duty of care, it’s important to remember that each situation is different. Not only are the signs not always clear and difficult to detect, but uncovering and proving neglect or abuse can be complicated.
Don’t make the mistake of leaving your loved one in the care of someone who isn’t taking care of him or her as they should. Contact the attorneys at E. Stewart Jones Hacker Murphy to request a free and confidential consultation at (518) 380-2597 or fill out our online contact form.