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When should you bring a lawsuit against a nursing home?

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Quick Answer

A person should bring a lawsuit against a nursing home when a nursing home fails to adhere to the regulations of the standard of care or fails to provide adequate health care, states AllLaw. Another reason for a law suit includes a nursing home's failure to keep its residents safe.

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Full Answer

If a nursing home accepts Medicare, the nursing home must follow federal regulations on the standard of care. The facility must make sure that the resident's environment is safe and that the resident receives adequate assistance to help prevent accidents. If a resident receives an injury because the nursing home failed to uphold those regulations, the nursing home may be liable, explains AllLaw.

A nursing home or other type of elder care facility is legally responsible when an act of abuse, neglect or negligence occurs on the premises that harms a resident or patient. If an employee abuses, neglects, or otherwise harms a patient at a nursing home, the patient's representatvie can file a lawsuit for the nursing home's failure to train and supervise its employees properly. Failure to maintain health and safety policies, such as keeping areas clean and in sanitary condition, are also grounds for a lawsuit if a patient becomes ill due to unsanitary conditions, explains AllLaw.

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