Q: My dad was hit by another resident at his care facility and was injured. I feel like it's the facility's job to make su

A: It is possible you have a cause of action against the facility, however the feasibility of recovery depends on the specific facts surrounding your dad's injury. Did the facility have knowledge that the other resident might hit your dad? In any event, I would recommend organizing all of the information relevant to this situation, and consulting with an attorney individually. A knowledgeable attorney will review the details of this situation, and will advise you as to your options moving forward.

A: There are cases that would support a claim against the nursing home for injuries a resident suffers from an incident like the one you described with another resident. The facts surrounding the incident are very important. Who was the attacker? Does that attacking resident have a history of violence that the nursing home knew or should have known about? Was there a provocation that led to the attack? Would the nursing home have any reason to believe that the attacking resident has a propensity toward violence because of the medical condition of this person and a history of attacks like this? With affirmative answers to those questions, a claim certainly could be made. In short, the answer to your question is "maybe" if the facts surrounding the incident support the claim--that is should the nursing home have known such an incident was predictable and it did nothing to prevent this, then the answer changes to "yes", there is a lawsuit to pursue. It also depends on the level of you injury you dad suffered.