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Can a resident or their family sue an attendant as well as the owner of a nursing home for physical, emotional or psychological damage?
Generally, no. As an attendant’s employer, a nursing home will normally be responsible for the actions of its employee, no matter how bad the actions are. Realistically, the nursing home will almost always be insured for claims like this, where an individual person will not have the ability to pay damages awarded in a claim anyway.
,br>If an employee of the nursing home commits an intentional, criminal act you might be able to have the employee brought up on criminal charges and file a civil lawsuit against the employee to seek damages. But again, it is rare that an individual nursing home employee will have the resources to pay significant damages if you are successful at trial. Often, the cost of bringing a lawsuit will far exceed the amount you can recover from an individual. The nursing home’s insurer is the most likely source for recovery, but you will need the assistance of an experienced nursing home attorney to help you sort through the liability issues. |
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