When is a Nursing Home Liable for Elder Abuse: Central Oregon Nursing Home Abuse Lawyer Explains

Elder Abuse in Oregon: When a Nursing Home is Liable for Elder Abuse: Bend Oregon Nursing Home Abuse Lawyer Shares Liability

 

Nursing homes and rehabilitation centers are expensive.  They get us to spend this money by promising a high level of care, professionalism, and diligence in treating our loved ones.  They also promise medical expertise and supervision, as well as competent, trained, and experienced staff who can help our loved ones with medical issues, emotional issues, and with daily care and living.  These induce us to place our trust in them for our loved ones.  However, unfortunately, sometimes nursing homes fail at these promises.  This could be negligently through improper care and Oregon medical malpractice, or intentionally through physical abuse such as through Central Oregon nursing home abuse.

 

Nursing home abuse can take many forms.  These are very serious instances and most times are a crime.  Some forms of abuse include physical abuse, sexual abuse, financial exploitation, emotional or psychological abuse, or neglect.  If you or a loved one have been abused by a nursing home, you may wonder who is liable for the Central Oregon nursing home abuse.  This can depend on the facts and be difficult to ascertain with legal counsel.

 

Liability in Central Oregon Nursing Home Abuse Cases

 

Generally, employers are liable for the negligent acts of an employee.  This means the reckless or careless acts.  However, an intentional tortfeasor, one who intentionally causes abuse such as through hitting or striking, is usually not covered by insurance or as an employee of an employer (intentional acts are not in the scope of employment).  However, there are many instances when the nursing home is liable for the intentional acts for the nursing home’s own negligence. 

 

For example, a nursing home may still be liable for Central Oregon nursing home abuse in the following circumstances:

 

• Negligent hiring (i.e., hiring a known and repeat sexual abuse predator, particularly one with crimes in nursing homes);
• Negligent training (i.e., failing to train staff on the appropriate interactions with residents, including not grabbing, yanking, pulling, or “manhandling” a resident against the resident’s will which could constitute assault and/or lead to serious injury);
• Negligent supervision (i.e., failing to watch over staff to ensure they are complying with the nursing home’s policies and procedures, with Oregon’s laws and regulations, providing good medical and daily living care/support, and not causing undue injury to residents);
• Failing to investigate abuse (i.e., not supervising or investigating when there is a pattern of abuse occurring to residents to determine if a caretaker and which caretaker is causing the injuries);
• Failing to provide adequate safety and security (i.e., not ensuring that residents are safe in their rooms or treatment areas where other residents cannot harm them, or from other staff not assigned to them who could take advantage of them or steal possessions or money);
• Failing to provide daily necessities on purpose, such as water and food, as well as bathing, clothing, and basic hygiene—this may constitute neglect as well;
• Not reporting clear signs of physical abuse to authorities and Oregon State Agencies; and
• Many other causes.

 

If You Believe a Central Oregon Nursing Home FAILED at Any of the Above, Please Call Our Bend Oregon Nursing Home Abuse Lawyer to Learn Your Rights

 

Nursing home abuse and malpractice is a serious problem which can cause catastrophic injuries or even wrongful death to a loved one.  Victims may be unable to defend themselves from the abuse, and some may even be unable to report it to authorities.  If your loved one may be the victim of Central Oregon nursing home abuse, please call our law firm to learn how we can help you today.

 

We handle cases throughout Oregon and Central Oregon, including Deschutes County, Redmond, Sisters, La Pine, Madras, Prineville, The Dalles, Hood River, Clackamas, Corvallis, Albany, Lake Oswego, West Linn, Tigard, Salem, Portland, Vancouver, Washington, Eugene, Coos Bay, Astoria, Newport, Tillamook,  Milwaukie, Gresham, Hillsboro, Medford, and any other city, including Bend, Oregon where our law office is located, please call Kuhlman Law, LLC by dialing (541) 385-1999 to learn what your rights to compensation you may have.  You may also contact us using our easy and convenient “contact us” box at the bottom of our website.  If we accept your case, we will conduct a thorough investigation to get you the answers you deserve, all for free.  There is no risk, and you only pay us if we recover compensation for you.