My loved one was hurt by a nursing home resident- Do I have a claim against the nursing home?



Under the 1987 Nursing Home Reform Act, nursing home residents have the right to be free from physical abuse. This means that nursing homes have a legal duty to protect their residents from abuse, which includes physical abuse from other residents. If your loved one was hurt by a nursing home resident, you may be able to sue the nursing home for violating your loved one’s legal rights.

While resident on resident abuse can take the form of serious physical assault, it more often comes in the form of hitting, scratching, spitting, pushing, kicking, slapping, shoving, or throwing things. This kind of abuse usually comes from residents who have dementia or similar conditions that alter their mental state.

In 1987, Congress passed the Nursing Home Reform Law: a measure designed to protect nursing home residents from neglect and abuse and guarantee their fundamental rights. Part of this law declares that a nursing home resident has the right to dignity, respect, and freedom. In greater detail, this means that a resident has the right to be treated respectfully and be free from abuse: both mental and physical. As a result of this law, nursing homes are obligated to use reasonable care to prevent resident on resident abuse and ensure the safety and wellbeing of their patients.

A nursing home has a legal duty to protect its patients from physical abuse. Accordingly, nursing homes should do everything they can to prevent resident on resident abuse. They can increase staff numbers, carefully monitor resident interactions, and step in quickly to resolve potential conflicts. By taking these steps, nursing homes may not be able to prevent abuse entirely, but they can significantly decrease it and protect their residents from serious harm.

If a nursing home fails to prevent its residents from abusing each other, and a resident becomes a victim of physical abuse, then that facility may be liable for the resulting injuries. This means that the nursing home may be responsible for covering related medical bills, out-of-pocket expenses, and pain and suffering.   

If your loved one was hurt by a nursing home resident, and you are wondering if you have a claim, please feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free. If you would like more information about this topic, be sure to click on our other videos, or better yet, click the subscribe button to subscribe to our YouTube channel. Thank you.