Moving into a long-term care facility can be a challenging life decision—for both the person moving into the facility and their family. Ultimately, these decisions are made to support the best interests of a person in need of assisted living and the vast majority of care homes in Ontario offer excellent support for those who need them.
Unfortunately, nursing home negligence can happen, resulting in devastating injuries or losses to vulnerable members of our society.
This blog post will consider the legal landscape surrounding nursing home negligence in Ontario. It will explain what nursing home negligence is along with the steps to take when nursing home negligence occurs.
What is Nursing Home Negligence?
Nursing home negligence refers to a broad category of cases where a nursing home or long-term care facility resident is not treated to the standard expected of their caregivers. Nursing home negligence can encompass a wide range of actions (or inactions), including the following:
- Physical Abuse: where nursing home residents suffer physical harm or serious injury inflicted by a caregiver.
- Emotional and Psychological Abuse: where nursing home residents experience verbal assault, threat, humiliation, or isolation at the facility, resulting in mental anguish.
- Neglect: where nursing home residents are denied their basic needs and necessities, such as food, water, or new bedding.
- Medical Negligence: where a nursing home resident fails to receive prompt medical attention, receives inadequate medical care or is misdiagnosed.
Rights Relating to Nursing Home Negligence in Ontario
Nursing home negligence in Ontario can result in various consequences depending on the nature of the negligence or abuse and the legal processes followed by the resident. Below, we’ll provide an overview of the legal framework for nursing home negligence to help illustrate the rights and recourse available for residents.
Nursing Home Residents’ Bill of Rights
In Ontario, all nursing home residents have certain rights protected under the Fixing Long-Term Care Act. Under this legislation, licensees of long-term care homes must ensure that certain rights of residents are respected and promoted, including the rights to freedom from abuse or neglect from care home staff.
If a resident believes that their rights are being negatively impacted, they also have the right to report this belief to anyone inside or outside the long-term care home, including the Ministry of Long-Term Care, without fear of reprisal.
Reporting Nursing Home Negligence in Ontario
Different options for reporting cases of nursing home negligence apply depending on the nature of alleged negligence, neglect or abuse the resident is experiencing. In some cases, the resident may choose to speak to staff members directly before escalating the complaint. In other cases, the resident or their loved ones may seek immediate legal advice particularly if their physical well-being is at risk.
Ultimately, the best reporting option for nursing home negligence will depend on the circumstances. If a resident or their family is unsure which reporting option is best in their circumstances, it is important to speak with an experienced nursing home negligence lawyer who can provide guidance and explain the options available to you.
Can I Sue a Nursing Home for Negligence?
If you or a loved one has experienced nursing home negligence in a long-term care home, you may be entitled to commence a claim for compensation. If the abuse or neglect is suspected or confirmed, and personal injury damages have resulted (either physical or psychological) a civil lawsuit may be appropriate.
Who Can Bring a Claim Against a Nursing Home?
Typically, the resident would bring a claim against the nursing home for negligence. However, if the resident is unable to do so for themself, another person (usually a family member) would bring the claim on their behalf.
How to Prove Nursing Home Negligence
To establish nursing home negligence in the context of a personal injury claim, a plaintiff will need to prove more than what might be required to make a complaint. This requires the plaintiff to prove, on a balance of probabilities, that:
- The relevant staff members owed them a duty of care;
- The relevant staff members breached their standard of care;
- The plaintiff sustained injuries or losses; and
- The injuries or losses were caused by the relevant staff members’ breach of their standard of care.
Key Takeaways Regarding Ontario Nursing Home Negligence
Nursing home negligence is, unfortunately, a reality for some individuals living in long-term care homes. However, if you or a loved one have experienced nursing home negligence, there are options available to seek justice and pursue a legal claim holding the appropriate parties responsible. With the right support, navigating this challenging situation can ensure that the dignity and well-being of yourself or your loved ones is maintained.
Contact the Experienced Nursing Home Negligence Lawyers at Tierney Stauffer LLP
Nursing home neglect is a serious problem that can have devastating consequences for residents. Apathy among staff is one of the factors that can contribute to neglect, and this can lead to dangerous situations that could result in serious personal injury. While these situations are preventable, they can still occur. If you believe that you or your family member has been harmed as a result of neglect, negligence, or abuse in a long-term care facility, the personal injury lawyers at Tierney Stauffer LLP can help.
Our compassionate team of elder abuse and injury lawyers provides clients with assistance in identifying and protecting the rights of themselves and their loved ones. We will advocate on behalf of care facility residents to ensure that they receive the care and respect they deserve. Contact us by telephone at 1-888-799-8057 or online to set up a consultation with one of our experienced team members.
