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Nursing Home Case Study

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The duty of nursing homes is to exercise that degree of care, skill and diligence used by nursing homes in the community. A nursing home does not have to apply the same standard care as a hospital. "Consequently," what is considered negligence in a hospital does not necessary mean it apply to a nursing home. The duty of a nursing homes depend upon the patient's condition. The patient's physical and mental ability is determined by the court (Alcoy v Valley Nursing Homes, Inc., 272 S E 2d 301 (Sup. Ct., Va. 2006). Although treatment of a patient is the physician responsibility, a nursing home can be held liability for transferring a patient that require special precautions to a hospital without informing the hospital of the special supervision. …show more content…

In "Deerings West Nursing Center v. Scott," a nursing home was found liable for an assault performed by a unlicensed aide with a criminal background on a elderly visitor. Under the doctrine of negligent, the only negligence was the employer fail to do a criminal background, and thereby, causing harm to others (Mangolis, 1995).
When a nursing home resident is not capable of providing care for themselves, the nursing home is obligated to supervise care and protect the patients from physical dangerous that may either cause harm to self or others (Mangolis, 1995).
The administrator also stated the nursing home was failed to protect the resident from assault. In assault cases, the court looked to see if the nursing documented anything pertaining to the patient's assailant. The nursing home had no knowledge of the" assailant's violent propensities," so the court look to see if the nursing home might have thought the patient's safety was in jeopardized. If evidence show that the nursing home was aware, then the court look to see did the nursing home exercise care to protect the patient (Mangolis,

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