When Care Facilities Are Negligent

ELI5: Negligence

If you have loved ones in a care facility, whether it’s daycare for your children or an assisted living facility for your parents, you want to be sure that your family member is getting the best care possible. With over 2 million cases of elder abuse each year, it’s vitally important for people to make sure care facilities are safe for their loved ones. Tragically, the negligence of care facilities has caused many life-changing or fatal injuries. If you have a loved one in a care facility, it’s crucial that you’re informed of the most common ways care facilities are negligent.

NEGLIGENT HIRING:

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Most laws minimize the employer’s liability in regard to their employees’ actions. However, employers are responsible for ensuring that their employees really do possess the certifications they claim to and that the employees do not have a history of engaging in behaviors that could harm others on the job. Employers typically do this through education verification and background checks. If a background check would have revealed the employee had a criminal record of physically abusing others, the care facility may be found liable if the employee does abuse someone.

PREMISES LIABILITY:

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Care facilities are responsible for making sure the premises are safe and clean. If a patient dies of a heat stroke when the air conditioner goes out, the facility may very well be liable—especially if the air conditioning was not working for extended periods of time. If a patient slips on a puddle that wasn’t cleaned up, the facility may be found liable for the patient’s injuries. Premises liability also extends to the facility’s exterior: so if a resident is injured on the lawn, the facility could still be liable, depending on the circumstances.

MEDICAL MALPRACTICE: WHEN CARE FACILITIES ARE NEGLIGENT

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Another type of negligence is medical malpractice. This occurs when the doctors fall short of the standard of care. This may look like misdiagnosing patients, misreading test-results, performing the wrong surgery, or performing unnecessary surgeries. Cases of medical malpractice can be as severe as amputating the wrong limb, or using the wrong blood type for organ transplants.

NEGLIGENT SUPERVISION:

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Finally, a care facility may be found negligent in cases where they aren’t providing the appropriate amount of supervision. While there is no hard and fast rule for what “appropriate supervision” is, there are many factors and circumstances that contribute to defining adequate supervision. For example, if your elderly mother is suffering from dementia, and she is injured after wandering away from the care facility, you may be able to argue that the care facility was not providing the appropriate amount of supervision.

WHEN CARE FACILITIES HAVE FAILED YOUR FAMILY:

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If you have a loved one in a care facility, you likely trust the facility to provide the best care possible. Unfortunately, many people find their trust has been broken when their family members have been injured in care facilities. If your loved one was injured due to the negligence of a care facility, do not hesitate to contact us. Moxie Law Group is committed to helping you get the compensation needed to care for your family members.

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