Retirement Home Negligence

Retirement homes have legal obligations to keep their residents safe from harm or injury. Unfortunately, it is far too common for retirement home residents in Ontario to become victims of significant injury or death arising from neglect and negligence in their residences.

Common Signs of Neglect, Abuse or Negligence in Retirement Homes

Common signs of neglect, abuse or negligence in retirement homes include the following:

  • Slip and falls
  • Bed sores/pressure sores
  • Unexplained injuries such as bruises and cuts
  • Unsanitary conditions, including soiled bedding, dirty furniture and equipment, and bugs
  • Dehydration or malnutrition
  • Failure to properly administer medication
  • Infections and sepsis
  • Significant changes in the resident’s behaviour
  • Damage to clothing or personal items
  • Failure to provide services agreed to in the tenancy contract
  • Inappropriate evictions

The Rights of Residents of Retirement Homes

Retirement homes must follow the rules set out in Ontario’s Retirement Homes Act and Residential Tenancies Act. These laws include the Residents’ Bill of Rights which protects the rights of retirement home residents, including but not limited to:

  • The right to live with dignity
  • The right to live in a safe and clean environment
  • The right to know what care services are provided and their costs
  • The right to fully participate in care planning
  • The right not to be restrained
  • The right to have their lifestyle choices respected

The legislation also creates standards for care services, the safety of residents in the home, and consumer protection provided by the retirement home. When these standards are not met, residents may suffer from serious injury and/or undue financial hardship and this is often when lawyers get involved.

Legal Assistance from the Lawyers at Advocai

If you or a loved one has been the victim of retirement home negligence, you may be entitled to compensation for pain and suffering, breach of contract, incurred health care expenses, and future care costs. Compensation is especially important in this context, because it can provide the victim with the means to afford more appropriate care in the future.

Once retained, we will investigate the conduct of the retirement home. We will consult with experts to determine if the home failed to meet the standard of care, and if the failure caused or contributed to the damages suffered by the resident of the home. We advocate zealously for full compensation for the victims of retirement home negligence and their families.

At Advocai, our lawyers have a special interest in helping elderly clients and their families get the compensation they deserve. We have extensive knowledge and experience in advocacy for older adults, lawsuits against Ontario retirement homes, and the handling of personal injury claims. We will ensure the matter is handled promptly and carefully. Contact Advocai today for a free consultation.

Reporting Neglect and Abuse in Retirement Homes

The Retirement Homes Regulatory Authority (RHRA) is an independent regulator mandated by the Ontario government to ensure the safety and well-being of seniors in retirement homes. They operate a mandatory reporting system to report situations that harm or puts a resident at risk of harm. The following harms or risks of harms can be reported:

  • Abuse or neglect of a resident
  • Improper or incompetent treatment or care of a resident
  • Unilateral decision to reduce care services
  • Unlawful conduct
  • Misuse or misappropriation of a resident’s money

Reports of harm to the RHRA can be made here.

Note that reporting issues to the regulatory authority for injuries, abuse or neglect will not result in financial compensation to the injured party or their family.

If you or a loved one are looking to pursue legal action then contact us.

Helpful Resources

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