Normally negligence refers to an act that holds people responsible for their careless actions which leads to suffering harm to elder people. The negligence effects include car accidents, dog bites, malpractice. In nursing home neglect, negligence occurs when an employee injures a resident by fail to provide a reasonable standard of care, taking into account, all the facts and situations. Then court considers things like common practices in the industry, and regulatory standards established by the government.
Besides negligence, victims can sue specific federal or state statutes and bring a tort action for intentional conduct. The nursing home abuse involves intentional acts, and other careless mistakes or oversights. Cases involving wrong conduct with elder patients shall justify an award for punitive damages, compensate the victim, and immediately punish the offender. The other types of compensation used for nursing home cases include medical expenses, physical suffering, and mental anguish. Suppose if the victim passes away, loss of consortium and support for surviving relatives is offered.
State legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and their employees.
These causes of action authorize damages awards to victims, the issuance of injunctions and protective orders, for immediate relief from ongoing abuse or neglect. Nowadays some states have special statutory rights of action for the violation of the rights relating with long-term care facilities.
In order to get qualified for Medicaid funds, long-term care facilities that get qualified as skilled nursing facilities must meet certain federal, statutory and regulatory requirements. The most significant federal requirement is that such facilities has to comply with a residents bill of rights which ensures that people have the right to be free from sexual, physical mental abuse, corporal punishment and involuntary seclusion.