Attack at nursing home results in patient's death

June 12, 2013

Attack at nursing home results in patient's death

Article provided by Law Offices of Lori S. Murray
Visit us at http://www.lorimurraylaw.com

When loved ones are placed in nursing homes, it is expected that a competent staff will provide quality treatment. Unfortunately, as a recent case illustrates, that is not always the case.

90 year-old woman says she was attacked by two individuals

According to WISTV, a man who placed his 90 year-old mother in a nursing home in May of 2012 says it was one of the hardest decisions he has ever made. Lacking the time and financial resources involved in thoroughly investigating local nursing homes, he settled on a facility and hoped for the best.

However, the facility he chose had previously received a written citation for failing to report an injury to the appropriate federal authorities. The facility was also written up for not executing a policy regarding abuse and neglect.

If the man had been able to view the records of these citations he may have chosen a different facility. However, the Department of Health and Environmental Control does not post these records online. The DHEC Director says employees have been told to get records such as these online within the coming months.

Less than six months after entering the nursing home, the man's mother died after suffering a broken hip and being "bruised from head to toe." Prior to her death, his mother claimed she was attacked by two women in the home. Full results of an investigation into the incident have not been released.

The man has been notified that since the identities of the individuals responsible for the attack on his mother remain unknown, the case is likely to be closed and transferred to the solicitor's office. However, there is still a possibility that no one will officially be charged in the case.

Establishing negligence

If the man's mother had survived the attack, she could have potentially received compensation for her injuries by showing that they were caused by abuse or neglect at the home. This requires a finding of negligence. To establish negligence, an individual must prove:
-The health care professional or nursing home facility had a duty to the patient
-The duty was breached
-The breach of the duty both resulted in and caused the patient's injury

A breach of duty is usually proven by showing that the facility's conduct fell below the appropriate standard of care. This is typically accomplished with the assistance of experts who provide the current care standard and illustrate how the actions of the health care professionals at the facility fell below this standard.

However, proving negligence is often challenging. An individual who has witnessed or experienced negligent treatment from a nursing home facility should consult an experienced personal injury attorney. The family of the nursing home abuse victim may be entitled to compensation for the loss of a loved one under these circumstances.