It is horrifying to receive a call that your loved one suffered an injury in their nursing home. It can be even more shocking to learn that another resident, not a staff member, caused the harm. Naturally, you may wonder who is responsible.
In many of these tragic situations, the answer is yes, the nursing home can be held legally liable. To understand why, it is important to know the legal duties a nursing home has to everyone in its care.
Rhode Island’s duty to protect residents
The legal “standard of care” in Rhode Island requires a nursing home to protect its residents from all foreseeable dangers. This duty is reinforced by the state’s “Rights of Nursing Home Patients,” which guarantees every resident the right to a safe environment, free from physical and mental abuse. This protection extends to harm caused by other residents.
When a facility fails to meet this duty and an assault occurs, it can be a form of negligence. The key to such a case is often proving that the nursing home was aware, or should have been aware, of the danger.
When does the nursing home know there is a risk?
A thorough investigation looks for evidence of warning signs that the facility may have ignored. Some examples include:
- The aggressive resident had a documented history of agitation, threats or violent behavior.
- The facility failed to perform an adequate background check or psychological assessment before admitting the resident.
- Staff members had previously reported the resident’s aggressive tendencies to the administration, but the facility took no action.
When a facility is aware of such risks, it has a legal duty to act.
How a lawsuit can force change
A legal claim in these circumstances is about more than just compensation. It is about holding the facility accountable for its failure to protect its most vulnerable residents and forcing it to improve its safety procedures.
If your family member was assaulted by another resident in a Rhode Island nursing home, consider speaking with an experienced attorney. A lawyer can investigate the circumstances and help you understand your legal options.