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.


Most laws minimize the employer’s liability in regards 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.


When Care Facilities Are Negligent

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.


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.


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.


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.

Man drinking a beer - DUI lawyer Utah

Friends Don’t Let Friends Drive Drunk

by | Mar 7, 2023 | Educational,Safety,Texas Law,Utah Law | 0 Comments

If you’re celebrating St. Patrick’s Day with a pint of Guinness, or some other alcoholic beverage, it’s important that you’ve got plans for a safe ride home before you...

How Underinsured Motorists and Uninsured Motorists Insurance Works

How Underinsured Motorists and Uninsured Motorist’s Insurance Works

by | Mar 2, 2023 | Educational,Safety,Texas Law,Utah Law | 0 Comments

If you don’t have underinsured motorist and uninsured motorist coverage, it may be time to think about updating your policy. How Insurance Works Periodically, you’ll...

How to Make Sure Your Teen Drivers are Safe

How to Make Sure Your Teen Drivers are Safe

by | Feb 28, 2023 | blog,Safety,Texas Law,Utah Law | 0 Comments

Teenage driver safety is an important part of preventing car crashes. A child's sixteenth birthday is the stuff of nightmares for most parents. While it marks the end...

Can You Get Compensation for a Hit and Run?

Can You Get Compensation for a Hit and Run?

by | Feb 23, 2023 | Texas Law,Utah Law | 0 Comments

Yes! You can. Even if the person at-fault for the collision has left the scene, you can still get some compensation through a benefit you’ve already paid for with your...

Protecting Pedestrians

Protecting Pedestrians

by | Feb 21, 2023 | blog,Catastrophic Injuries,Educational,Premises Liability,Safety,Texas Law,Utah Law | 0 Comments

Help keep your community safe by taking steps to prevent pedestrian fatalities. Pedestrian Safety Is Important In Utah during 2022, there were 53 pedestrian fatalities,...

Can Jaywalking Pedestrians Sue

Can Jaywalking Pedestrians Sue? Is jaywalking illegal in Utah?

by | Feb 16, 2023 | Educational,Safety,Texas Law,Utah Law | 0 Comments

An answer from a Utah pedestrian accident Lawyer We've all been there: driving down the road when suddenly, seemingly out of nowhere, a pedestrian walks out right in...

Is M3GAN Hollywood's Latest and Greatest Lawsuit

Is M3GAN Hollywood’s Latest and Greatest Lawsuit

by | Feb 2, 2023 | blog,Educational,Safety,Texas Law,Utah Law | 0 Comments

Is M3GAN Hollywood's Latest and Greatest Lawsuit? M3GAN is a 2023 horror film about a doll named M3GAN (pronounced the same way you’d pronounce Megan). From the...

Safety Tips for Women Who Live Alone

Safety Tips for Women Who Live Alone

by | Jan 31, 2023 | blog,Educational,Texas Law,Utah Law | 0 Comments

Millions of American homes are expected to be burglarized this year, yet 75% of homes don’t have a security system. Even more concerning, statistics reveal that 27% of...

What If I Can't Afford a Lawyer

What happens if I can’t afford a lawyer 

by | Jan 26, 2023 | Educational | 0 Comments

Not every accident needs a personal injury attorney. For example, if you weren’t injured, you don’t need an attorney. However, if you were injured- you definitely do....