Nursing home residents expect to be safe and well-cared-for during their time in the facility. A sudden attack from a fellow resident can be a rude awakening to possible mismanagement on the staff’s part.
Victims and their loved ones rightfully wish to know who to hold responsible when an attack occurs within a nursing home. Allowing the incident to occur is often a case of nursing home negligence.
When is a nursing home responsible for an attack?
Nursing home residents have certain legal rights and protections which the facility must uphold. The nursing home has an obligation to protect residents from all manner of injuries, including those which may come in the form of physical threats from another resident. If one resident does attack another, liability goes to the facility, its parent company or the employees who should have separated a potentially dangerous individual from other residents.
When is a nursing home resident responsible for an attack?
In most cases, a nursing home resident who attacks another is not responsible for their own actions. Violent acts within a care facility are often the result of cognitive disorders. As such, the attacker is not legally responsible for their violence and it falls to the facility to act in the best interests of all residents.
In the event of a violent attack within a nursing home, the victim and their loved ones may choose to pursue legal action against the nursing home. Seeing justice done can help grant families peace of mind and receive the financial compensation necessary to move on.