When Are Nursing Homes Liable For Injuries?

30 August 2016
 Categories: Law, Blog


Injuries happen in nursing homes. Sometimes they are pure accidents, but there are times the staff members are at fault. When are nursing homes liable for injuries? It is time to find out. Keep the acronym SAFE in mind:

S Is for Shaky Policies

Keeping the nursing home as safe as possible is important. Having shaky and inadequate policies for cleaning and sanitation can lead to injury, illness, and even death. This will mean negligence, and a nursing home can be held liable for this.

Likewise, having adequate policies but not following them will also constitute as negligence. Any injuries that occur due to this can be compensated.

A Is for Appropriate Staff

Having the right people in the roles is important. Hiring people who aren't suitable for the role can lead to injuries, which can lead to negligence claims. The nursing home also needs to make sure that employees are fully trained and supervised during training.

When fraud has occurred—such as an employee wrongfully and fraudulently claiming to be capable of a role—the nursing home may not be found at fault. Instead, the negligence can be tied into the fraud lawsuit.

F Is for Free of Hazards

If a patient trips over belongings or slips in water, the nursing home may be held liable. There will often be exceptions, such as when the nursing home knows about a spillage and is taking steps right there to keep individuals safe and an accident occurs.

"Free of hazards" also includes issues within the outside grounds and problems with the building. The nursing home needs to take reasonable steps to ensure the place is safe for those living there, knowing that many may have impaired walking, sight, or memories.

E Is for Endangering Medically

Medical treatments are often necessary for patients, but they can lead to injuries and complications. When the standard of care is poor or there has been medical negligence/malpractice, the nursing home may be held liable. This can include a mix-up of medications, failure to act when an issue has been raised, or using outdated equipment.  The person who performed the treatment may be held personally responsible.

The issues are sometimes due to the staffing in the nursing home. Employees may be overworked and tired, due to understaffing. When this is the case, the nursing home may be held liable for creating this workplace.

Keeping the patients in a nursing home SAFE is essential. While accidents can happen, nursing homes can be held liable when injuries occur due to mistakes being made. Contact an accident attorney for more information.