Not Your Typical Elder Law Firm

Is your parents’ nursing home guilty of negligent supervision?

| Aug 26, 2020 | Long-term Care Facility Neglect |

When you make the difficult decision to move your parents to a nursing home because of their age or infirmities, you expect the staff to diligently care for them. This includes adequately supervising them so they do not injure themselves or suffer abuse at the hands of other residents or even staff members themselves.

FindLaw explains that if your parents’ nursing home participates in Medicaid or Medicare, it must comply with the regulations of the Nursing Home Reform Act, including the following:

  • Employment of adequate staff
  • Appropriate supervision of all residents
  • A comprehensive care plan for each resident
  • Provision of necessary services and assistive devices for each resident

Negligent supervision

Unfortunately, many nursing homes fail to provide the supervision necessary to keep their residents safe. If your parents’ nursing home fails in this all-important responsibility, one or both of them could sustain one or more of the following:

  • A fall because caregivers failed to give them the mobility assistance they require
  • Bedsores because caregivers failed to make sure they did not stay in one position too long, especially in bed
  • Allergic food reactions, malnutrition or dehydration because caregivers failed to monitor their food and fluid intake
  • Bruises, bumps and broken bones because caregivers failed to sufficiently protect them from mishaps

Proving Negligent Supervision

If you sue the nursing home on your parents’ behalf for negligent supervision, you will need to prove the following:

  • That the nursing home owed your parents a duty of care, including proper supervision
  • That it breached its duty
  • That this breach caused your parents to sustain injuries
  • That your parents suffered both economic and noneconomic damages because of their injuries

While winning a negligent supervision action will not make up for your parents’ injuries, it likely will provide you and them with a sense of justice.