Nursing Home Abuse: Potentially Liable Parties Other Than The Nursing Home

Law Blog

When a nursing home resident complains of injury or abuse, many people automatically assume that the nursing home is responsible. However, that isn't always the case; other parties can also cause injuries in nursing homes. Here are a few examples of such people:

Equipment Manufacturers

Nursing homes, just like other businesses, don't manufacture all their equipment in-house. They buy gym equipment, beds, trolleys, toilets, and other equipment from the usual vendors. Therefore, if defective exercise bicycle causes injury to a nursing home resident, the manufacturer or retailer of the equipment will be held liable for the injury.

Maintenance Technicians

Some nursing homes don't have in-house maintenance staff but outsource such duties to outside service providers. For example, they may hire people to clean the premises, service gym equipment or repair damaged roofs. If the maintenance staffs' negligence causes injury to the residents, then the service providers should be held accountable for the damages.

Outside Caterers

There are also nursing homes that order their food from outside caterers, so it makes sense that the caterers should pay for any damages that their negligence may cause. For example, a caterer that serves contaminated food that causes food poisoning will be made to pay the ensuing damages.

Drug Manufacturers

The frailty of the body in old age means that the elderly suffer from many ailments, and most of them are on constant medication. Diseases such as diabetes, arthritis, and bladder problems may require constant medication that must be bought elsewhere. Whenever such medication turns out to be defective and causes unintended adverse effects on a patient, then the drug's manufacturer and marketer will face an injury claim just as they would if people outside the nursing home got hurt from their drugs.

Visitors

Lastly, you should be aware that visitors to a nursing home can also be held liable for injuries they cause to the residents. For example, a visitor who knocks a resident while reversing out of the parking lot may face an accident claim just as they would if they knocked over a shopper outside a shopping center. Visitors can also cause injuries to nursing home residents by giving the residents contaminated food or assaulting them.

Therefore, if your loved one is injured in a nursing home, consult a personal injury lawyer before jumping to conclusions.  Don't forget that suing the wrong party will not help you recover anything even if you have a genuine case of abuse. The lawyer will help you identify all the responsible parties and maximize your recovery.

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15 December 2016