Earlier this month in San Diego, the U.S. Department of Justice and the California Department of Health joined the San Diego Sheriff’s Department in investigating potential elder abuse that stemmed from a nude video of a nursing home resident being posted on social media. According to one local news source, the video at issue was a short clip of several nursing home residents mocking a nude, elderly female resident.
Evidently, the clip was sent through the social media site, Snapchat. The transmission of the video presents several problems, and numerous parties may be criminally liable for their actions. In fact, thus far, two employees of the nursing home have been suspended while the investigation is conducted. According to the nursing home’s attorney, the facility welcomes the investigation because it is clearly against the facility’s protocol.
Judging by the attorney’s comments, it would seem that the nursing home is trying to distance itself from the employees’ actions as much as possible, likely because management knows that the facility itself could also potentially be held liable for this kind of infraction. In the meantime, however, the nursing home management is cooperating in the investigation. Charges have not yet been filed but are expected in the coming weeks.
Nursing Home Abuse and Liability
When a nursing home employee engages in the abuse of a resident, they can be criminally prosecuted, as is mentioned in the article discussed above. However, criminal prosecution often does little for the abused individual and their family. In order to seek justice for themselves, an abused nursing home resident or their family may file a civil lawsuit against the facility, seeking monetary compensation for the wrongs committed.
In many cases, both the individual who committed the act of abuse as well as the nursing home facility itself can be named in the lawsuit. Naming multiple parties can be beneficial for abused residents and their families because it opens up additional avenues for recovery, in case the individual who conducted the abuse is insolvent or otherwise unable to cover the costs associated with the abuse. In order to recover from a nursing home facility as an employer, the accident victim or their family will need to show either negligence in the hiring process, indifference to the treatment of residents, or some other form of negligent conduct. To learn more, contact an experienced Maryland nursing home attorney today.
Has Your Loved One Suffered Abuse While in a Maryland Nursing Home?
If you have a loved one whom you believe suffered abuse while in the care of a nursing home or other skilled nursing facility, you may be entitled to monetary compensation for the costs associated with the abuse. In addition to costs already incurred, you may be entitled to future medical expenses, compensation for your loved one’s pain and suffering, and potentially punitive damages if the facts warrant such an award. Call the dedicated Maryland-based personal injury law firm of Lebowitz & Mzhen, LLC to set up your free consultation at 410-654-3600. Calling is free and will not result in your being billed unless we are ultimately able to recover for you.
More Blog Posts:
Nurse Faces Criminal Charges for Abuse of Resident, Maryland Nursing Home Lawyer Blog, published September 28, 2015.
Group of Nursing Homes Told They Cannot Force Arbitration by State Supreme Court, Maryland Nursing Home Lawyer Blog, published October 7, 2015.