According to a recent news report, an 84-year-old nursing home resident will not face criminal charges after an 82-year-old woman has died following a violent beating inflicted by the man. The attack occurred on a morning in late August of this year, after the woman mistakenly wandered into the man’s bedroom in the dementia unit of a New York nursing facility. The assailant violently attacked the woman, who died after suffering a broken neck, broken ribs, a broken nose, and several facial fractures. The county attorney’s office declined to press charges against the man, finding that he suffered from dementia and lacked the mental capacity to stand trial for the crime.
Civil Liability for Violence Committed by Nursing Home Residents
Although the resident will not be charged for his role in the violent death of his fellow resident, the deceased woman’s family may be entitled to compensation for the loss of their loved one. The prosecutor’s decision not to press criminal charges against the perpetrator would not prevent a wrongful death claim from being brought against the man in civil court, although his mental state would still be relevant in a potential claim. In addition to the perpetrator, the nursing home facility and staff could face civil liability for the woman’s death through a nursing home abuse or neglect lawsuit.
Nursing homes have a responsibility to maintain a reasonably safe environment for their residents, which may include a duty to protect residents from acts of violence by other residents. Residents with psychological or mental health issues should be diagnosed and adequately supervised to protect the safety of themselves and other residents. Some residents may need assistance returning to their rooms. Although not every random act of violence may be preventable, nursing home attendants should be available to respond quickly in the event of any emergency or injury, whether accidental or intentional.
Nursing Home Abuse and Neglect Is Widespread
Physical violence between nursing home residents is far more common than many nursing facilities admit, and other types of abuse and neglect occur at even greater rates. Physical abuse of residents by nursing home staff is startlingly common, as is sexual abuse by other residents and staff. Nursing home residents can be reluctant to discuss acts of abuse by employees or other residents with their loved ones, but it is ultimately the nursing home’s responsibility to maintain a safe environment for their residents. If you suspect that a loved one is suffering from abuse or neglect at a nursing home or assisted living facility, legal action may be available to protect your loved one and seek compensation for their loss.
Maryland Nursing Home Neglect Attorneys
If you or a loved one is suffering or has suffered from injuries or illness as a result of nursing home abuse or neglect, including violence committed by other residents, a civil claim for compensation may be appropriate. The Maryland law firm of Lebowitz & Mzhen, LLC may be able to help you obtain compensation and justice for your loved one. Our skilled nursing home abuse and neglect attorneys have decades of experience holding negligent and abusive nursing home employees accountable for their actions. At Lebowitz & Mzhen, LLC, we represent clients in Maryland, Virginia, and the Washington, D.C. metro area in all nursing home abuse and neglect cases. Call us toll-free at 1-800-654-1949 or contact us online to schedule a free consultation today. Calling is free and will not result in any obligation for you unless we are able to help you or your loved one obtain the compensation you deserve.
More Blog Posts:
Nursing Home Resident Dies After Developing Gangrene from Untreated Bedsores, Maryland Nursing Home Lawyer Blog, published October 7, 2016.
Nursing Home Resident Kills Fellow Resident in Shooting, Later Commits Suicide, Maryland Nursing Home Lawyer Blog, published September 23, 2016.