Elderly individuals living in nursing home facilities deserve compassionate care and respect. However, nursing home neglect and abuse remain significant issues, with many cases going unreported. When a nursing home fails to meet the standard of care, residents can suffer from medical neglect, physical harm, and emotional distress. If your family member has been harmed due to nursing home negligence, you may be able to sue a nursing home for negligence and seek compensation for medical bills, pain and suffering, and other damages.
This guide explains the legal process of holding a nursing home accountable, the warning signs of neglect, and how to seek legal action.
Understanding Nursing Home Negligence and Abuse
What Is Considered Nursing Home Negligence?
Negligence occurs when a nursing home facility or staff fails to provide the necessary care, leading to physical and mental health decline. While nursing home abuse is intentional harm, neglect often stems from inadequate training, understaffing, or poor facility management.
Common forms of nursing home negligence include:
- Medical neglect – Failing to provide medical treatment for illnesses, infections, or injuries.
- Poor hygiene care – Ignoring a resident’s personal hygiene, such as bathing and dressing.
- Malnutrition and dehydration – Not ensuring residents receive enough food and water.
- Unsafe conditions – Leaving residents at risk of falls, bedsores, or other injuries.
- Failure to prevent abuse – Allowing staff or other residents to engage in physical abuse, emotional mistreatment, or financial exploitation.
Who Can Be Held Liable?
A nursing home negligence lawsuit may hold multiple parties accountable, including:
- Nursing home administrators for failing to train staff or maintain safety.
- Care facility employees for neglecting their duties.
- Third-party contractors, if outside companies, provide inadequate medical care or maintenance.
If you suspect nursing home neglect, it’s crucial to gather medical records, witness statements, and documentation to support your claim.
Signs That Your Loved One May Be Suffering from Nursing Home Neglect
Physical and Emotional Indicators
Family members should be aware of the signs of nursing home neglect, which may include:
- Unexplained injuries such as bruises, cuts, or fractures.
- Bedsores or pressure ulcers from lack of movement or repositioning.
- Sudden weight loss or dehydration due to lack of nutrition.
- Emotional withdrawal, depression, or anxiety caused by mistreatment.
- Poor hygiene or unclean clothing and bedding.
Facility and Staff Red Flags
Neglect isn’t always visible through the resident’s condition – sometimes, the nursing home facility itself provides warning signs:
- Understaffing, which can lead to slow response times.
- Unattended residents who appear confused or disoriented.
- High staff turnover rates, which can indicate deeper management issues.
- Unclean rooms, strong odors, or signs of disrepair.
If you notice these signs, consider reporting the issue to Adult Protective Services or consulting a nursing home abuse attorney.
Legal Options: Can You Sue a Nursing Home for Negligence?
Filing a Nursing Home Negligence Lawsuit
If a nursing home’s negligence caused harm to a resident, you may be able to take legal action. Nursing home lawsuits typically follow these steps:
- Gathering evidence – Collect medical records, photos, witness statements, and reports.
- Filing a legal claim – A nursing home abuse lawsuit is filed against the responsible parties.
- Negotiating a settlement – Many nursing home neglect lawsuits are resolved through settlement negotiations.
- Going to trial – If a fair settlement isn’t reached, the case may proceed to court.
A nursing home negligence attorney can guide you through the legal process and help prove that the facility failed to provide a general and medical duty of care.
What Compensation Can You Recover?
Victims of nursing home negligence may be eligible for compensation, which can include:
- Medical bills for treatments related to the neglect.
- Relocation costs if moving to a new care facility is necessary.
- Pain and suffering damages for emotional distress.
- Punitive damages in cases of extreme negligence or abuse.
It’s essential to act quickly, as the statute of limitations for nursing home negligence lawsuits varies by state.
Preventing Nursing Home Negligence: What You Can Do
How to Choose a Safe Nursing Home
When selecting a nursing home, consider the following:
- Check Medicaid services ratings for facility performance.
- Visit in person to evaluate staff attentiveness, cleanliness, and resident conditions.
- Ask about staff-to-resident ratios and emergency procedures.
Reporting Nursing Home Neglect
If you suspect nursing home neglect, take action immediately:
- Document everything – Keep a record of incidents, including dates and photos.
- Speak with facility management – Report concerns directly to supervisors.
- File a formal complaint with health and human services or Adult Protective Services.
- Contact a lawyer – A nursing home abuse attorney can help file a lawsuit if legal action is necessary.
Frequently Asked Questions (FAQ) About Suing a Nursing Home for Negligence
Can a Patient Be Kicked Out of a Nursing Home?
Yes, but only under specific circumstances. A nursing home facility cannot arbitrarily remove a resident. Federal and state laws regulate when and how a nursing home can discharge or transfer a patient.
If you believe a discharge is unjustified or illegal, you can challenge it through Adult Protective Services, health and human services, or by consulting a nursing home abuse attorney.
How do I prove nursing home negligence?
You’ll need medical records, witness statements, photos, and expert testimony to prove the nursing home facility failed to provide proper care.
How long do I have to file a lawsuit against a nursing home?
The statute of limitations varies by state, but most cases must be filed within two to three years of discovering the neglect.
Can a nursing home be sued for medical malpractice?
Yes. If a nursing home’s failure to provide medical treatment led to harm, they may be held liable under medical malpractice laws.
What if my loved one is afraid to report neglect?
Fear is common among nursing home residents. If you suspect nursing home neglect, document the issues, report them to authorities, and consult a legal team for guidance.
Holding Nursing Homes Accountable for Negligence
When a nursing home fails in its duty to provide safe and dignified care, legal action may be necessary. At Callahan & Blaine, we have the experience and resources to fight for justice in nursing home lawsuits. If you believe your family member is suffering from nursing home neglect, contact us today at (714) 241-4444 or visit our contact form.
