When Elder Abuse Or Neglect Occurs, Who Is Legally Liable?
Determining who is liable for abuse or neglect towards an elder person depends on where and by whom the elderly person was harmed. There are many rules and regulations regarding abuse towards the elderly that is different for every state. Once elder abuse has been spotted or suspected, actions need to be taken and the removal of the elder person is essential in reducing the chances of additional harm.
South Carolina’s best nursing home abuse attorneys view abuse and neglect as inhumane, especially when it is done to a vulnerable adult. Damages that an elder person and their family have suffered because an individual was abusive or neglectful towards the elder person can be recovered by filing a lawsuit against the indicated party. Damages like medical fees, pain, and suffering, alternative living facilities, just to name a few, are some damages that a victim can be compensated for.
Accountable Parties For Elder Neglect and Abuse
There are different individuals and facilities that can be found legally liable for an elder person who endures neglect or abuse. Discovering exactly who and where the abuse took place will be valuable information when taking action to file a neglect and abuse lawsuit. Some of those parties include, but not limited to the following:
- Care Giver: an entrusted individual that has taken on the responsibilities and needs of the elder person by providing care and services either permanently, or for an indicated time frame. Some examples of caregivers include a family member, significant other, a neighbor, employees of a facility, a household member, or a volunteer at a medical facility.
- Elder Care Facilities: Facilities in which an elder person is admitted in order to be treated and cared for until it is their time to pass. A facility can be found liable for abuse or neglect is the facility did not take preventative measures to ensure safety such as conducting appropriate background checks, ensuring that the premises have adequate security, hiring trained and qualified employees, maintaining the living space sanitized, and having an adequate employee-resident ratio, just to name a few things. Some facilities include assisted living, nursing homes, hospitals, state institutions, daycare centers for adults, and others.
- Medical Professionals: Abuse and neglect can take place by the person who is supposed to be providing an adequate standard of care. Some examples of medical professionals include the physician, the surgeon, the registered nurses, the assistant nurses, the dietician, the physical therapist, just to name a few.
- Third-Partys: Sometimes, facilities will hire contractors like security, maintenance crew, among others, to fulfill the daily duties of the facility. If an elder person is injured by any of these entities, the facility can be found liable. Even another patient and resident are considered third party.
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Who is Liable For Your Harms?
Our personal injury attorneys will help determine exactly who can be liable for the injury that was sustained by their client. With medical experts and evidence, the firm will work around the clock to ensure that their client receives what they are entitled to. Contact our offices today to discuss your case.