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Nursing home abuse is a serious and widespread problem, with many elderly individuals suffering from physical, emotional, and financial abuse on a regular basis. Although most nursing home abuse is perpetrated by staff members who are in positions of authority over the residents, there have been instances where another resident has also been held responsible for the abuse.
The process of holding other residents responsible for abuse can be tricky and multilayered. As a law firm that helps victims recover compensation in nursing home abuse and neglect cases, Dalli & Marino, LLP can provide insights into what potential legal actions are available and who can be held accountable. Here is what you should know about the legal ramifications of holding another resident accountable for nursing home abuse.
Criteria for Pursuing Resident-to-Resident Nursing Home Abuse Claims
In cases where an elderly person suffers from physical or psychological harm due to the actions of another resident in a nursing home facility, it may be possible to bring a civil lawsuit against the perpetrator. The victim can seek damages for medical costs associated with their injuries as well as compensation for pain and suffering endured due to the negligence of another individual. However, before deciding to pursue this option, there are certain criteria that must be met in order for a court to consider such a claim.
Intent to Cause Harm
First, it must be established that the offending party had intent or was reckless when inflicting harm upon another person. For instance, if two residents were fighting and one was injured as a result, then it would need to be proven that one had deliberately caused the other harm in order for them to be held liable for their actions.
By comparison, if a resident accidentally fell and tripped into another resident, it can be difficult to pursue compensation. Generally speaking, there often needs to be some intent to cause harm or hurt the other person to seek compensation.
Repeated Acts of Aggression
For a strong case, there must be evidence showing that the perpetrator’s behavior was more than just an isolated incident. Repeated incidents of aggression toward other residents may indicate an ongoing pattern of abusive behavior which could lead to criminal charges being brought against them. If a resident yelled at another resident, for instance, it may only indicate uncharacteristic behavior or early symptoms of dementia.
Nursing Homes are Responsible for Resident-to-Resident Abuse
Nursing homes have a responsibility to provide adequate supervision and take reasonable steps to protect their residents from potential harm or mistreatment by others living within their facilities. If they fail in this duty of care, then they too may face liability if an incident involving another resident occurs – either through negligence or vicarious liability if they employed the staff member who was directly involved in perpetrating the abuse.
It may be possible to file a claim against the nursing home for failing to protect your loved one against abuse. In some cases, you can file a lawsuit against the resident who committed the abuse and the nursing home for failing to prevent it.
Contact a Nursing Home Abuse Lawyer to Discuss Your Case
If you or a loved one has experienced abuse while in a nursing home, it is important to seek justice. Contacting Dalli & Marino, LLP can provide you with the help and guidance you need from an experienced nursing home abuse lawyer.
We understand that this can be a very difficult time for those affected, and we strive to make sure our clients feel comfortable throughout the entire process. If you have any questions or concerns about your case or would like more information about how we can help, please don’t hesitate to contact us today to schedule a consultation. Contact us online or call us at 888-465-8790 today. Our team also speaks Spanish.
