Is A Nursing Home Liable If a Resident Injures Another?

Nursing Home ResidentMenard, IL- The cases of abuse or neglect in nursing homes can be shocking and make a family want to avoid putting their aging loved one in a long-term care facility. But sometimes this isn’t feasible, and a family has no choice and must chose the right nursing home. Not only do they have to worry about staff in a facility, but they also have to worry about whether another resident

In a recent story which garnered national attention, an elderly man living in the Rockaways of New York beat his roommate to death over a dispute about the privacy curtain.

On October 30th, Thomas Yarnavick allegedly removed the foot rest of his wheel chair and beat Kailall Singh to death. The two men had been arguing over the privacy curtain; Singh like it to keep it pulled back and make the space feel more open, but Yarnvick wanted the curtain closed so he took drastic measures to get his way.

Should he be convicted of Singh’s murder, he will spend the rest of his days in prison, but that will only be a small comfort to Singh’s family who has lost someone dear to them over such a menial dispute.

If your loved one is having a dispute with another resident, the matter should be taken up with the administrators of that facility. This way the home can take the appropriate measures such as moving one of the parties to another room to avoid future conflict. This will also give the facility a heads-up so staff can pay closer attention to patients who are having conflicts and take steps to avoid any future conflicts.

While is hard to imaging, some elderly patients, have a history of violence or sexual abuse in their backgrounds. Nursing home residents who suffer from dementia can become violent. When a facility accepts a resident who has a violent history, they are responsible for assuring these individuals do not have the opportunity to abuse another patient.

When you have taken up this issue with the facility and they have failed to take corrective measures, then they may be liable for the harm that has come to your loved one at the hands of another resident.

The biggest issue in a nursing home is inadequate staffing which is the major cause of neglect in a long term care facility. While the Ocean Promenade Nursing and Rehabilitation Center in the Rockaways is not directly responsible for Singh’s death, they had a duty to protect him.

If there are extenuating circumstances, such as inadequate staffing which could have prevented the violence, then they could incur some of the liability. The liable parties can include the aggressor, the nursing home administration and the facility’s owner.

Some facilities also try to cover incidents of violence among residents or cover up some resident’s background just to keep their beds full. Keeping this information from residents and staff does nothing to protect other residents and can make then vulnerable to suffering abuse. When staff and patients are aware of a resident’s tendency towards abuse or violence, they can be more vigilant and work to prevent such incidents from taking place.

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By | Monday, November 18th, 2013 | 0 Comments

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