Nursing homes are responsible for providing a safe environment for all residents, which includes protecting them from violent or aggressive behavior by others. When a nursing home fails to properly supervise its residents, it can be held liable for the injuries or deaths that occur due to assault.
Families may file a personal injury or wrongful death lawsuit against the nursing home for negligence, inadequate staffing, or failing to address known risks of violence among residents. If you believe your parent was assaulted in a nursing home, contact an experienced Peoria, IL nursing home injury attorney to discuss your legal options.
How Common Are Nursing Home Resident-on-Resident Assaults?
Resident-on-resident assaults in nursing homes are more common than many people realize. In some facilities, poor staffing, inadequate training, or a lack of proper supervision can allow aggressive residents to harm others. In a recent incident in Roseville, California, a 93-year-old woman died after being beaten by another resident in a senior living facility. This case highlights the potential dangers within nursing homes when staff fail to intervene or prevent such attacks. If your parent has suffered from a similar situation, you may be able to hold the nursing home accountable for negligence.
What Are My Parent’s Rights If They Were Assaulted in a Nursing Home?
Residents in nursing homes have the right to live in a safe environment, free from abuse or neglect, including assaults by other residents. Nursing homes are legally obligated to take reasonable steps to prevent such incidents from happening. These steps include:
- Risk assessments: Nursing homes must regularly assess each resident’s potential for violence or aggression and identify those who may pose a threat to others.
- Supervision: Facilities should provide adequate supervision, especially for residents with a history of aggressive behavior, to intervene before conflicts escalate.
- Sufficient staffing: Nursing homes must have enough trained staff on hand to manage residents’ needs and prevent violent outbursts, particularly in high-risk areas.
- Behavior management plans: Facilities should create individual care plans for residents who are prone to aggressive behavior and monitor their interactions with others closely.
- Staff training: All staff members should be trained in conflict resolution and de-escalation techniques to manage aggression among residents safely.
- Security measures: Using security cameras, alarms, and ensuring secure access to areas of the facility can help prevent assaults.
If your parent was assaulted, these protections may not have been in place, and the nursing home could be held liable for failing to meet these obligations. Consulting with a lawyer can help you understand your parent’s rights and whether you have grounds for a lawsuit.
Can a Nursing Home Be Held Liable If They Knew a Resident Was Violent?
Yes, a nursing home can likely be held liable if they knew or should have known that a resident had violent tendencies and failed to take appropriate action. Facilities have a duty to protect all residents, especially if someone is known to be aggressive or has a history of violent behavior. Nursing homes must conduct background checks, review medical records, and regularly assess residents for any behavioral issues that could pose a danger to others. If the nursing home failed to remove or properly supervise a violent resident, and your parent was injured as a result, the facility may be held responsible for negligence. Legal action can help ensure that the nursing home is held accountable for putting residents in harm’s way.
Contact a Peoria County, IL Nursing Home Injury Lawyer
If your parent has been assaulted in a nursing home, you have the right to try to hold the facility accountable for failing to protect them. Nursing home assaults can lead to serious injuries or even death, as seen in the recent tragic case in California. At Nursing Home Injury Center, we understand how devastating it can be to learn that your loved one was harmed in a place meant to keep them safe. Our experienced Peoria, IL nursing home injury attorneys can help you seek justice and compensation for your parent’s suffering. Call 309-524-6900 today to schedule a free consultation and learn more about your legal options.
