Earlier this month, a West Virginia resident filed a lawsuit on behalf of his female client against a nursing home at which his client had recently resided. According to one local West Virginia news source, the man is pursuing claims against the nursing home based on the home’s alleged negligence in caring for his client as well as purported physical abuse she endured while in the home’s care. Evidently, the lawsuit was filed at the end of 2014, for events that occurred earlier that year. While there are no specifics about what is alleged to have happened, the court paperwork suggests that the plaintiff’s claims are based on the nursing home’s alleged failure to live up to the duty which it assumed when it accepted the woman as a resident.
Specifically, the lawsuit claims that the home “failed to properly hire, train, retain, manage, supervise and otherwise oversee the staff to ensure compliance with applicable care and staffing standards and failed to provide [her] with a safe environment.”
Nursing Home’s Liability for Rogue Employees
While many of the details from this case are missing, one thing seems clear: the woman suffered some kind of abuse at the hands of one or more nursing home employee. As a result of this abuse, the victim filed a lawsuit not just against the individual who committed the acts, but also against the nursing home who employed the allegedly abusive employee.
This is common in personal injury lawsuits, and nursing home abuse lawsuits in particular. A rogue employee acts out of frustration, rage, or ill-will and injures a resident. The injured victim, in turn, sues not only the employee but also names the nursing home as a defendant in the lawsuit under the theory that the nursing home management should not have hired an employee with abusive tendencies and should have been aware of its employee’s actions.
This is beneficial for the injured nursing home resident in two ways. First, it prevents the employee from pointing the finger of blame at an unnamed party to the lawsuit. Second, if victorious at trial, the plaintiff will be able to seek the total recovery amount from either the employee themselves or the nursing home. This is helpful if the employee does not have the means to cover the awarded amount.
Have You Been Injured By a Negligent or Abusive Nursing Home Employee?
If you or a loved one has recently been the victim of nursing home negligence or nursing home abuse, you should consult with a dedicated attorney to see if you may be eligible to recover monetary compensation for what you have been put through. In many cases, nursing home employees get away with abhorrent conduct merely because it goes unreported. Don’t let them get away with negligent or abusive conduct one day more. Call the dedicated Maryland nursing home injury lawyers at Lebowitz & Mzhen, LLC. The skilled advocates at Lebowitz & Mzhen have decades of combined experience working for injured Marylanders, including those who suffer from nursing home abuse or nursing home negligence. Call 410-654-3600 today to set up a free consultation.
See More Blog Posts:
Nursing Home Video Catches Employees Abusing Elderly Patients, Maryland Nursing Home Lawyer Blog, published December 5, 2014.
Alabama Nursing Home Employee Indicted for Abusing 96-Year-Old Resident, Maryland Nursing Home Lawyer Blog, published January 23, 2015.