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  • Writer's pictureLeitner Varughese Warywoda

Can a Nursing Home Be Held Responsible if Another Resident Harms Your Loved One?

When your loved one is placed in a nursing home, you trust that they will be safe and well-cared for. Unfortunately, that’s not always the case. In some cases, elderly or disabled residents may become victims of resident-on-resident abuse. If this happens to your loved one, can you sue the nursing home for negligence?

Our New York nursing home injury lawyers at Leitner Varughese PLLC help families of those who suffer harm in long-term care facilities to obtain justice. We are dedicated to helping victims of nursing home abuse, including resident-on-resident abuse, hold the facility responsible and recover the compensation to which they are entitled.

What is Resident-on-Resident Abuse in Nursing Homes?

Resident-on-resident abuse is any physical or psychological harm inflicted on an elderly or disabled person living in a nursing home by another resident of the same facility. It may include physical assault, verbal harassment, sexual assault, or other forms of abuse. It can occur between two residents with no involvement from staff members, or it can occur with staff members present but not intervening.

According to the World Health Organization, an estimated 15% of adults aged 60 years and older are subjected to some form of abuse. Resident-on-resident abuse in nursing homes accounts for many of these abuse cases, though many go unreported.

Factors That Contribute to Resident-On-Resident Abuse

There are many factors that contribute to resident-on-resident abuse in nursing homes. Most often, it occurs due to underlying mental health issues such as dementia or Alzheimer’s disease combined with inadequate staffing levels and inadequate training of those staff members who are present. In some cases, inadequate supervision may also be a factor, as staff members fail to recognize signs of escalating aggression before an incident occurs or fail to intervene in time once an incident has been reported.

When Can You Sue a Nursing Home for Resident-On-Resident Abuse?

If your loved one has been injured as a result of resident-on-resident abuse and you believe the nursing home was negligent in providing adequate care and supervision for their safety, then you may have grounds for legal action against the facility. In order to succeed with this type of lawsuit, it is important to show evidence that the facility was aware of potential risks but failed to take appropriate steps to prevent them from occurring. The best way to do this is by enlisting the help of an experienced lawyer who can investigate all aspects of the case and build a strong argument based on liability laws applicable in your state.

How Can a Lawyer Help?

If your loved one has been harmed due to resident-on-resident abuse at a nursing home, then you may have grounds for legal action depending on where you live and the circumstances surrounding the incident. To ensure that all relevant information is gathered and presented properly so as to maximize your chances of success with such claims, it is important that you enlist the help of an experienced lawyer who specializes in this area of law right away. With their help, you will be able to get justice for your loved one and hold those responsible accountable for their negligence.

Get Help from a Nursing Home Injury Lawyer

No one should ever have to worry about their elderly or disabled loved one becoming a victim of abuse while living in a nursing home—but unfortunately, it does happen at times when proper care and supervision are lacking at these facilities. If your loved one was harmed by another individual in a nursing home, our lawyers at Leitner Varughese PLLC can help. Get a free case evaluation by calling 212-671-1110.


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