What is the difference between malpractice and abuse in nursing homes?
Malpractice and abuse in nursing homes are two different types of incidents involving neglect or mistreatment of elderly and disabled individuals who reside in nursing homes. Malpractice can involve medical errors that may occur due to negligence or incompetence, while abuse is intentional misconduct or mistreatment of patients. When it comes to malpractice, nursing home staff may fail to provide adequate care, fail to properly diagnose or treat a medical condition, or provide inadequate medical oversight. Under California law, nursing homes must comply with standards governing patient safety and care. Failure to meet these standards can constitute medical malpractice. In contrast, nursing home abuse is intentional rather than accidental and can take the form of physical abuse, emotional abuse, sexual abuse, or financial exploitation. Abuse may be perpetrated either by nursing home staff or by other residents. It is important for staff to monitor residents for signs of abuse and to intervene in situations that could lead to harm. In either case, patients or family members can make a complaint against a nursing home facility or its employees if there is evidence of negligence or abuse. If a complaint results in a finding of malpractice or abuse, the nursing home or medical professional may be held liable for damages to the victim or their family.
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