Nursing homes carry a big responsibility. These institutions are entrusted with the care of those who are perhaps the most vulnerable population in our society: the elderly. In addition to ensuring that their residents receive the proper medical care, including the administration of medication, nursing homes must make sure that their residence receive adequate nutrition, are given proper supervision and are protected from abuse by workers and other residents. It is a big task but is one that should be easily manageable with proper staffing, training and oversight. Yet, far too often, individuals are subjected to nursing home abuse and neglect, leaving them with serious harms.
One way to recoup these damages is to file a lawsuit against both the employee responsible for the harm, as well as that individual’s employer, which is probably the nursing home. Although this might be obvious, what may not be obvious is what type of damages an individual can recover.
First, a victim may be able to recover compensation for his or her medical expenses. This can include any costs associated with the medical care received immediately after the incident, but it can also include future medical expenses.
But these damages are just the tip of the iceberg of what could be available to a nursing home abuse victim. He or she may also be able to recover compensation from pain and suffering, mental anguish and even “phantom pain”. Many victims are also able to recover money for mental suffering that includes fear associated with one’s health moving forward and fear of upcoming medical operations that directly result from the abuse or neglect. Damages may also be awarded when an individual suffers disfigurement or the incident leaves him or her with a decreased life expectancy.
Although these lawsuits can be a powerful way for a victim to recoup his or her losses and obtain some sort of justice, these claims often face a fierce defense. Therefore, regardless of how obvious of a case it may seem, victims need to ensure they do everything they can to build a strong legal case. To learn more about how to do this, it may be wise to speak with an attorney who is experienced in this area of the law.