Can You Sue a Nursing Home for Neglect?

The safety and well-being of our elderly loved ones is a top priority. When we entrust their care to a nursing home, we expect them to be treated with dignity, respect and receive the necessary care they deserve.

Unfortunately, this is not always the case.

Nursing home negligence is a serious issue that can lead to severe physical and emotional harm and, in the worst cases, even death.

The personal injury lawyers at Rosenfeld Injury Lawyers, LLC handle nursing home neglect cases and wrongful death lawsuits to hold each facility accountable for damages.

Contact a nursing home abuse lawyer at (888) 424-5757 or use the online form to schedule a free consultation to discuss your case.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Defining Nursing Home Neglect

Nursing facility neglect is when a nursing home fails to provide its residents with the necessary care and attention.

This can include failing to provide adequate food, water, medical care, hygiene, or safety precautions.

It is a form of elder abuse that can have severe consequences for the health and well-being of the elderly.

The Importance of Addressing Nursing Home Neglect

Addressing nursing home neglect is crucial for several reasons.

It is a matter of fundamental human rights. Everyone, regardless of their age or health condition, deserves to be treated with dignity and respect.

Secondly, neglect can lead to serious health complications, including malnutrition, dehydration, infections, and physical injuries.

Lastly, addressing neglect can help to improve the overall standard of care, ensuring that all nursing home residents receive the care and attention they deserve.

Understanding Nursing Home Neglect

Understanding the different aspects of nursing home neglect can help us identify it and take appropriate action.

It’s important to note that neglect can take many forms and isn’t always immediately apparent.

Common Types of Nursing Home Neglect

There are several common types of nursing home neglect.

These include:

• Physical neglect involves failing to provide residents with the necessary care for their physical health, such as not helping them with personal hygiene or providing adequate food and water.
• Medical neglect: This involves failing to provide necessary medical care to nursing home residents, such as not administering their medication correctly or not attending to their medical needs.
• Social or emotional neglect involves ignoring the resident, leaving them alone, or not providing them with any social or emotional support.
• Neglect of basic needs: Failing to provide nursing home residents with a safe and clean living environment.

Nursing Facility Abuse vs. Neglect

While both nursing home neglect and abuse involve harm to the resident, they are not the same.

Nursing home lawsuits involving elder abuse of nursing facility administrators, staff, employees, visitors, family members, or other residents could include:

• Physical harm like broken bones, head trauma, bruising, or lacerations
• Sexual abuse
• Emotional trauma
• Financial exploitation

Suing a nursing facility for negligence might involve a lack of adequate care, such as:

• Medical malpractice
• Failing to respond to a medical emergency
• Faulty medical equipment
• A lack of nutrition or hydration
• Medication error

Both are serious issues and can have severe consequences for the health and well-being of the resident.

Examples of Nursing Home Neglect

Examples of nursing facility neglect can include situations where a resident is left in soiled clothing or bedding for extended periods, where they are not provided with adequate food and water, or where their medical needs are ignored.

It can also include situations where the resident is left alone for extended periods or not provided with necessary social or emotional support.

Statistics on Nursing Facility Neglect

According to the World Health Organization, around 1 in 6 people aged 60 years and older have experienced some form of abuse in community settings during the past year.

Reports of serious harm resulting from neglect are on the rise, and it is estimated that for every case of elder abuse and neglect reported, as many as 23.5 cases go unreported.

Identifying Nursing Home Neglect

Identifying elder abuse and neglect can be challenging, as it often occurs behind closed doors and can be difficult to detect.

However, several signs and symptoms can indicate neglect.

Signs of Negligence

Signs of nursing facility neglect can include the following:

• Physical abuse signs include unexplained weight loss, bedsores, or frequent infections.
• Behavioral changes such as withdrawal, agitation, or personality can also indicate neglect.
• Poor personal hygiene, unsanitary living conditions, and unattended medical needs are also signs of neglect.

Warning Signs in Nursing Homes

Warning signs in the nursing facility environment can include understaffing, high staff turnover, poor staff training, and inadequate policies and procedures for resident care.

Other signs can include the following:

• A lack of cleanliness in the facility
• A resident being left alone for extended periods
• A lack of response to resident complaints or concerns

The Impact of Neglect on Nursing Home Residents

The impact of nursing home neglect can be severe and far-reaching.

It can lead to physical harm, including malnutrition, dehydration, infections, and injuries.

It can also lead to emotional harm, including depression, anxiety, and losing trust in caregivers.

In the worst cases, neglect can even lead to death.

Can You Sue a Nursing Home for Neglect? Taking Legal Action Against Neglect

Knowing you have legal options is essential if you suspect your loved one is a victim of nursing home neglect.

Legal action can help hold the facility liable and provide compensation for the harm caused.

When to Sue for Nursing Home Neglect

You can sue a nursing home for negligence if you can prove that the home failed to provide the necessary care and that this failure harmed the nursing home resident.

This can include physical harm, emotional harm, or financial harm.

It’s important to consult with an experienced lawyer to understand your options and the best course of action.

How to Sue

Suing a nursing facility for negligence involves several steps:

• Firstly, you will need to gather evidence of the neglect. This can include medical records, photographs, witness statements, and other evidence supporting your legal claim.
• Secondly, you must file a nursing home lawsuit against the staff and administrator. This involves drafting a legal document, a complaint, which outlines your allegations and the damages you seek.
• Lastly, you will need to prove your case in court. This involves presenting evidence and arguing your case before a judge or jury.

Potential Compensation from a Nursing Home Neglect Lawsuit

Compensation from a nursing home negligence lawsuit can include medical expenses, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages.

The compensation for resolving a nursing facility neglect lawsuit will depend on the severity of the neglect and the harm caused to the resident.

Notable Nursing Home Neglect Cases

There have been several notable nursing home neglect cases in recent years.

These cases have resulted in significant compensation for the victims and have highlighted the serious issue of nursing home neglect.

They remind everyone of the importance of holding nursing facilities accountable for their actions.

Legal Aspects of Nursing Home Negligence

Legal action against a nursing home for neglect can be complex.

Understanding the legal aspects involved and seeking professional legal advice is essential.

When Can You Sue for Negligence?

You can sue for negligence if you prove that the nursing facility owed a duty of care to the resident, that this duty was breached, and that this breach harmed the resident.

This can include the following:

• Physical harm, including broken bones or other serious injury
• Medical malpractice, including preventable pressure ulcers or failing to provide medical treatment
• Emotional distress
• Financial harm

It’s essential to consult with an experienced nursing home neglect lawyer to understand your options and the best course of action.

The Role of an Attorney in Protecting a Nursing Home Resident

When dealing with cases of nursing home neglect, having experienced legal representation is vital.

A nursing home abuse lawyer specializes in these cases and understands the complexities of proving neglect.

They can guide you through the legal process, ensuring that all necessary steps are taken and your rights are protected.

A personal injury lawyer can help gather the necessary evidence to build a strong case.

This could include medical records, eyewitness testimonies, and any other relevant documentation that can prove neglect.

Our legal team can also help you understand the different types of neglect and abuse in nursing homes and how to identify them.

Financial Compensation for Injured Nursing Home Patients

In many cases, a civil lawsuit against a negligent nursing home can result in financial compensation for the victim or surviving family member (wrongful death claim).

This can help cover medical bills, therapy, and other neglect-related expenses.

However, it’s important to remember that every case is unique, and the amount of compensation can vary.

A nursing home abuse lawyer can also help you navigate the complex legal process.

They can explain the steps in filing a nursing home lawsuit and advise you on the best course of action based on your circumstances.

Reporting a Nursing Home Injury

In addition to representing you in court, a lawyer can assist with reporting the neglect to the appropriate authorities.

This can include the federal government, state agencies, and other relevant organizations.

Reporting the neglect is crucial in holding the nursing home accountable and preventing further abuse.

Remember, if you or a family member are a victim of nursing home neglect, it’s essential to seek legal help from an experienced elder abuse attorney as soon as possible.

The sooner you take action, the better your chances of achieving a favorable outcome in your nursing home negligence lawsuit.

Preparing to Sue for Negligence

Before you can sue a nursing home for negligence, there are several steps you need to take to prepare your case.

Gathering Evidence for Suing a Nursing Home for Negligence

Gathering evidence is crucial in preparing to sue a nursing home for negligence.

This can include medical records, photographs of the resident’s condition or the nursing home environment, witness statements, and other evidence supporting your legal claim.

Gathering evidence when you suspect neglect is important, as some evidence may be time-sensitive.

Working with Medical Experts

Working with medical experts can be invaluable in suing a nursing home for negligence.

Medical experts can do the following:

• Objectively assess the resident’s condition
• Help establish the standard of care that should have been provided
• Determine whether the nursing home’s actions or lack thereof caused harm to the resident

Reporting Nursing Home Neglect

Reporting nursing home neglect is essential in addressing the issue and preventing further harm.

This can involve reporting the neglect to the nursing home administrators, the local Adult Protective Services agency, the Long-Term Care Ombudsman, or the state licensing agency.

Case Studies and Precedents

Looking at past civil lawsuits can provide valuable insights into how nursing home negligence cases are handled and what outcomes and financial compensation can be expected.

Examples of Successful Nursing Home Negligence Lawsuits

There have been several notable nursing home negligence lawsuits in recent years.

These cases have resulted in significant compensation for the victims and have highlighted the serious issue of nursing home neglect.

Lessons Learned from Past Nursing Home Abuse Cases

Past cases of nursing home negligence can provide valuable lessons.

They highlight the importance of early detection and reporting, the need for thorough evidence gathering, and the role of experienced legal representation.

They also underscore the importance of holding negligent nursing homes accountable for their actions and the impact that legal action can have in improving the standard of care in nursing homes.

Moving Forward After a Nursing Home Negligence Case

Moving forward after a nursing home negligence case can be a challenging process.

It involves not only dealing with the legal aspects of the case but also addressing the emotional impact of the neglect.

The Emotional Impact of Nursing Home Negligence

The emotional impact of nursing home negligence can be profound.

Victims and their families may experience anger, betrayal, guilt, and sadness.

It’s important to seek support during this time, whether it be from family, friends, or professional counselors.

Support and Resources for Victims and Families

Several resources are available for victims of nursing home neglect and their families.

These include local and national advocacy groups, legal aid, and mental health services.

It’s important to seek help and support during this challenging time.

Frequently Asked Questions

Addressing nursing home neglect is critical for the health and well-being of our elderly loved ones.

A nursing home lawyer has answered some of the most frequently asked questions below.

Taking legal action can hold nursing homes accountable for their actions and provide compensation for the harm caused.

If you or a loved one has been a victim of nursing home neglect, seeking legal assistance is essential.

Can You Sue a Nursing Home for Negligence?

Yes, you can sue a nursing home for negligence.

If poor nursing home care has caused injury or death to your loved one, you can take legal action.

Suing a nursing home for negligence or neglect allows you to get financial aid for medical bills and hold the facility accountable.

It can also help encourage better care standards at the facility.

Can You Sue an Assisted Living Facility for Negligence?

Yes, you can sue an assisted living facility for negligence.

Neglect occurs when staff members fail to uphold the standard of care in an assisted living facility, and harm comes to elderly residents.

Victims and their family members may be able to take legal action against such neglect.

How Much Is a Nursing Home Neglect Case Worth?

The amount of money you’ll receive from suing a nursing home for negligence will depend on factors unique to your case, such as the type of injuries your loved one suffered and how serious they were.

Each case is different, so nursing home case values vary.

However, a peer-reviewed Journal of Health Affairs study found that, on average, nursing home lawsuits awarded $406,000.

Is It Hard to Sue a Nursing Home for Neglect?

Any nursing home abuse lawsuit can be challenging because navigating the legal system is complex.

However, working with an experienced law firm makes the process more manageable.

These skilled nursing home abuse lawyers can help you through the legal process, handling the heavy lifting so your family can begin to heal.

How Do You Prove Nursing Home Neglect Occurred?

You can prove neglect harmed your loved one by getting evidence and working with a nursing home abuse attorney.

You’ll need evidence to show how your loved one was hurt.

Be sure to write down any signs of nursing home neglect and take note when you first notice them.

You can also take pictures of possible signs of neglect (with the resident’s consent) or set up a hidden camera in the resident’s room to catch neglectful staff in the act.

Who Can Sue a Nursing Home for Neglect?

Nursing home residents and close family members are usually those involved in suing a nursing home for negligence.

However, other parties may also be able to sue a nursing facility.

Some parties who may file a nursing home neglect lawsuit include the following:

• Victim’s spouse
• Children of the victim
• Parents of the victim
• Other close family members
• Other dependents

What Types of Nursing Home Neglect Can You Sue For?

There are several types of nursing home neglect.

Legal action for these types may be possible if your loved one is severely harmed.

Types of nursing home neglect include medical neglect, neglect of basic needs, and neglect of hygiene.

Neglect occurs when nursing home staff fail to help residents manage their medical needs.

Basic needs are neglected if an elderly resident doesn’t get enough food, water, or bathroom visits.

Personal hygiene neglect includes not bathing residents, changing their clothes/bedsheets, or cleaning their rooms regularly.

How a Personal Injury Lawyer Can Help

Are you the victim of nursing home neglect?

Was your loved one injured due to the negligence of a nursing home?

Our law firm can help with your personal injury case or wrongful death lawsuit.

Our attorneys can guide you through the legal process, gather and present evidence, negotiate with the nursing home and insurance company, and represent you in court.

We can provide the support and representation you need to seek justice and financial aid.

Remember, you don’t have to face this alone.

Reach out for a free consultation at (888) 424-5757.

Our team of experienced personal injury lawyers is ready to help you on a contingency fee basis, meaning you don’t pay unless we win your case.

Resources:

• Nursing Home Abuse Prevention | Medicare
• A Resident of a Nursing Home Rights and Safeguards | CMS