What To Do When Injuries Occur In A Nursing Home - Diamond and Diamond Lawyers
  • Thursday, 18 October 2018

What To Do When Injuries Occur In A Nursing Home

#AskKevinButler

The Canadian population is aging thanks in part to the baby boomer generation. According to the latest population statistics, there has been an almost 20 percent increase in the number of Canadians who are older than 85 years of age coupled with an overall increase in the age of the population in general to the point where there are more seniors in the country than there are children. The aging population means more people will require the type of care that only nursing homes, officially referred to in Ontario as long-term care homes, can provide. When facilities you rely upon to provide proper care fail to do so and loved ones are injured, it could be necessary to take action against the nursing home for negligence.

Causes of injuries to residents of nursing homes and long-term care facilities

Long-term care facilities offer essential services to older adults or younger individuals with disabilities who are unable to continue living on their own because they cannot care for themselves. There are instances in which the trust you place in the staff and administrators of the facilities to provide proper care to your loved ones is breached and injuries occur through abuse or neglect.

Abuse is usually the result of conduct by a member of a nursing home’s staff that is intended to cause injury and harm. Neglect is when the level or care or the conduct of staff or administrators violates government regulations or the commonly accepted standard of care required to keep a resident safe. The intent of the conduct may not be to inflict harm upon the resident, but injury nonetheless occurs due to the substandard level of care.

There are many types of abusive or negligent conduct occurring at long-term care facilities, including:

  • Assaultive conduct
  • Theft and other forms of financial exploitation
  • Excessive use of restraints
  • Not providing prescribed medications or mistakes in administering them
  • Inadequate medical staffing of facility
  • Not monitoring a resident’s food and water intake
  • Inadequate staffing resulting in a lack of supervision of residents

Compensation is available for nursing home residents who suffer injuries through abusive or negligent conduct. Whether injured in a fall due to a lack of supervision by a facility’s staff or because of malnutrition caused by staff members failing to monitor a resident’s food intake, a personal injury lawyer could be of assistance to a resident or a resident’s family.

Your rights under the Ontario Long-Term Care Homes Act

The Long-Term Care Homes Act enacted in Ontario establishes regulations for the care and treatment afforded residents in nursing homes. The overriding goal of the legislation is to establish standards to ensure facilities meet the needs of their residents.

The law includes restrictions on the use of restraints and requirements for the creation and implementation of plans for meeting the needs of residents. Residents who suffer injuries because of the failure of a facility to comply with the standards established by the law could have a claim for compensation against the facility.

Ontario personal injury lawyers

If you or a loved one have been injured through nursing home abuse or neglect, the personal injury lawyers at Diamond & Diamond have years of experience successfully handling claims for compensation for individuals injured through the negligent or intentional conduct of other parties. You should speak to one of our lawyers about your rights under the law. Call the Diamond & Diamond injury hotline at 1-800-567-HURT at any time of the day or night. You can also visit our website to speak to someone now. We offer free consultations and confidential case evaluations throughout Ontario.

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