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Can we take legal action against the old folks home and the nursing staff for negligence & elderly abused & seek compensation?

Sunapee, NH |
Filed under: Personal injury

My grandmother was sent to TTS hospital for leg fracture. According to my grandmother, how this incident happen was that this nursing staff named, Orange from Philippine apparently drop her hard while shifting my grandmother from her wheelchair to her bed with the assistance of another lady nursing staff. This hard impact apparently caused a leg fractured to my grandmother's right leg. According to my grandmother, there are numerous occasions when Orange verbally abused her saying that "why you eat so much until so fat" and also numerous occasions of physically abused my grandmother by "hitting her on her chest".

Is it a requirement for nursing home to be equipped with CCTV for post-investigation in the event of such situations? As the nursing home apparently do not want to hold responsibility.

Attorney Answers 3


  1. In New York, complaints about nursing home care can be reported to the New York State Department of Health. Once reported, the DOH is required to conduct an investigation. You may want to look into whether a similar entity exists in NH. Based on the information you provided, it seems that the nursing home may not have had proper interventions in place in order to prevent falls during transfers. Should you wish to pursue a claim/lawsuit on behalf of your grandmother, you and/or your family may want to speak with an attorney who concentrates on nursing home neglect and abuse cases.


  2. Your story is, unfortunately, not too all uncommon. And while most states do not require that a facility maintain the use of CCTVs to capture events like this, claims or elder abuse and neglect are still provable, especially where the victim is still living and can testisfy to the acts of physicial and emotions abuse.

    Most have have agencies that regulate nursing homes, which investigate claims of abuse and/or neglect. In your case, I would strongly suggest you file a complaint with the local agency and ask them to investigate. Usually, these agencies have unfettered access to the facility, their records and their staff, and will speak with other residents to see if such acts are commonplace. The investigating agency can also speak with your loved one, to get a clear understanding of what occurred leading to the fracture incident as well as the other acts of verbal abuse that occurred beforehand.

    Where an agency determines that the allegations of abuse and/or neglect are meritorious, they will usually issue formal findings against the facility, and may even issue a fine or citation. In such circumstances, the proof of fine or citation may be admissible in a civil action to prove the wrongdoing acts.

    It is important that all such acts of abuse and/or neglect get properly reported, so that the offending facilities and their staff members are held accountable. If such acts go unreported and unaddressed, the chances are sucgh conduct will continue to the detriment of others.

    For more information about laws in your state an/or to find out who the reporting agency is, I would recommend you contact an attorney who specializes in nusring home/elder abuse and neglect ltigation.

    Good luck.


  3. I don't know if your state requires any CCTV. I would recommend you contact the agency that oversees nursing homes in your state and file a complaint. In Illinois it is the Illinois Department of Public Health. You may also wish to contact an attorney in your area with nursing home litigation experience.

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