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Can You Sue a Nursing Home for Neglect?

How to Sue a Nursing Home for Negligence

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If poor nursing home care caused injury or death to your loved one, you may be able to take legal action. Suing a nursing home for negligence allows you to seek financial aid for medical bills, relocation costs, funeral expenses, and more. It also means the facility is held accountable for failing to keep your loved one safe. Learn how to sue a nursing home for negligence.

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Suing a Nursing Home for Negligence

Taking legal action against a nursing home, assisted living facility, or other long-term care facility is a way to seek justice for your loved one’s suffering.

It can also help encourage better care standards. Further, by suing a nursing home for negligence, you may be able to secure financial compensation to help cover the costs that often arise after a frail loved one is harmed.

An attorney is explaining details to a woman in a kitchen, with a laptop open on the table in front of them.

Remember: it’s important to act quickly when a loved one is being neglected. Report nursing home neglect or abuse to 911 in the event of a medical emergency.

When you know your loved one is safe, reach out to us to see if suing a nursing home for negligence could be an option for your family.

The Nursing Home Abuse Center partners with a nationwide network of experienced nursing home law firms. Together, they have recovered over $273 million for families harmed by nursing home neglect.

Get a free case review right now to find out if we can help your family, too.

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Get a free legal case review if you or a loved one has suffered abuse or neglect.

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How Much Can You Sue a Nursing Home for Negligence?

Each case is different, so nursing home case values vary. The amount of money you could receive from suing a nursing home for negligence will depend on factors unique to your case, like the extent of harm your loved one suffered.

However, on average, nursing home lawsuits award about $400,000, according to a study by the medical journal journal Health Affairs.

Here are examples of nursing home neglect lawsuit payouts:

  • $5.2 million in Kentucky for death from infected bedsore in a paraplegic resident
  • $4.2 million in Wisconsin for neglect and death of a developmentally disabled resident
  • $3.72 million in California for a resident wandering case leading to death
  • $2 million in Arkansas for assisted living negligence
  • $1.5 million in Oklahoma for neglect causing pressure sores
  • $1.29 million in Louisiana for nursing home negligence leading to death
  • $1.2 million in Alabama for a nursing home neglect wrongful death verdict
  • $1 million in New York for severe bed sores due to nursing home negligence
  • $625,000 in Connecticut for multiple falls at a care facility leading to a fatal injury
  • $500,000 in Rhode Island for a fall risk resident found dead from their injuries
  • $418,000 in Indiana for a resident who died choking on food
  • $400,000 in Missouri for renal failure and death from unmonitored diabetes

For many families, working with an experienced nursing home neglect lawyer helped increase their payout.

Call us at (855) 264-6310 or Click to Live Chat to find out if we can connect you.

Suing for Nursing Home Negligence vs. Nursing Home Abuse

Nursing home neglect is a form of abuse. They share common causes, like negligent hiring practices, lack of staff training, and understaffing.

Nursing home abuse occurs when someone intentionally harms a resident of a care facility. Nursing home neglect is usually not intentional. That said, it can be just as harmful.

In cases of neglect, nursing home staff may fail to:

  • Care for wounds, especially stage 4 bedsores
  • Change a resident’s clothes or bedding
  • Comply with safety standards when helping patients
  • Give residents enough food or water, leading to dehydration or malnutrition
  • Help residents when they ask for assistance
  • Keep the nursing home clean and safe

Neglect in the facilities families count on to provide proper care is never acceptable. Don’t let your loved one’s suffering go unnoticed.

Get a free case review right now to find out your options on suing for nursing home negligence or abuse.

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Get a free legal case review if you or a loved one has suffered abuse or neglect.

Get a Free Case Reviewor call (855) 264-6310

Types of Nursing Home Neglect

There are several types of nursing home neglect. Taking legal action may be possible if your loved one was harmed.

Learn more about the common types of nursing home neglect below.

Medical Neglect

This occurs when nursing home staff fail to help residents manage their medical needs, like not giving residents medications on time, leaving bedsores untreated, or failing to call 911 in an emergency. Some cases of medical neglect may be considered nursing home medical malpractice.

Neglect of Basic Needs

If a resident doesn’t get enough food, water, or bathroom visits, staff may be neglecting their basic needs. This can lead to severe malnutrition, dehydration, or even death.

Neglect of Hygiene

This includes failing to bathe residents, change their clothes or bedsheets, or clean their rooms regularly. Neglecting personal hygiene can lead to severe health issues and discomfort.

How to Sue a Nursing Home for Negligence

Suing a nursing home for negligence is done through a civil lawsuit. By filing a nursing home lawsuit, you can hold care facilities accountable for harming residents.

Working with a skilled nursing home lawyer means you’ll be guided through the legal process so your family can begin to heal.

Steps to Filing a Lawsuit

Steps for Suing a Nursing Home for Neglect

Here is how to begin your nursing home neglect lawsuit.

  1. Work with an experienced nursing home neglect attorney. Skilled personal injury attorneys can listen to your story and file a lawsuit on your behalf if you qualify. Get a free case review right now to see if we can connect you.
  2. Collect evidence. Your lawyer will investigate your claim to determine how your loved one was hurt, gather facts about the neglect, and assess the related losses.
  3. File the nursing home neglect lawsuit. Your neglect attorney will file the lawsuit on your behalf before any applicable deadlines.
  4. Enter nursing home settlement negotiations. Your lawyer will enter into back-and-forth communications with the lawyers for the care facility with the goal of securing a nursing home settlement.
  5. Take your case to trial. While nursing home neglect lawsuits usually settle out of court, your case may go to trial for a verdict if an agreement is not reached. A skilled nursing home lawyer can argue your case to help convince the judge or jury to rule in your favor.

Regardless of the specifics of your case, a skilled nursing home lawyer will fight to get you maximum compensation as quickly as possible.

Who Can Sue for Nursing Home Neglect?

Nursing home residents and close family members are usually the parties involved in suing a nursing home for negligence. However, other parties may also be able to sue a nursing home for negligence.

Those who can sue for nursing home neglect may include:

  1. The victim
  2. Spouse of the victim
  3. Children of the victim
  4. Parents of the victim
  5. Other close family members
  6. Power of attorney
  7. Estate representatives

Nursing home lawyers typically file a personal injury lawsuit when a resident has suffered injury or harm.

If the resident died from nursing home negligence, you may be able to file a wrongful death lawsuit on behalf of your loved one.

Get a free consultation right now if someone you love has experienced nursing home neglect or abuse. You may be able to seek financial compensation on their behalf.

When Should You Sue a Nursing Home for Negligence?

Suing a nursing home for negligence is easier if it’s done sooner rather than later. You might not be able to take legal action if you wait too long.

State laws, known as statutes of limitations, limit the amount of time you have to take legal action. In most states, this is usually 2-3 years. Generally, the statute of limitations begins to run on the date the injury or death occurs.

An experienced nursing home neglect lawyer can help you file your case before time runs out.

In general, you should reach out to a law firm as soon as you see any warning signs of neglect or abuse to seek legal advice.

Our trusted advocates can help you and your loved one take legal action. Call us today at (855) 264-6310.

Get Legal Help to Sue a Nursing Home for Neglect

Nursing homes and their staff are in a position of trust. When that trust is broken, it can have devastating consequences for residents and families.

If you think your loved one is being neglected or abused in a nursing home, you may need to take legal action to protect them.

Successfully suing a nursing home for negligence can help you and your family afford medical treatment and other expenses.

The Nursing Home Abuse Center has experienced legal partners who can help families in all 50 states. Together, they have secured over $273 million, including payouts for nursing home abuse and neglect.

Find out if you can file a nursing home neglect case.

Call us right now at (855) 264-6310 or fill out this form for a free legal case review.

FAQs | Can You Sue a Nursing Home for Neglect?

Can I sue a nursing home for neglect?

Yes. If you or a loved one was harmed by a negligent nursing home, you may be able to sue for negligence. For the most favorable outcome, work with a skilled nursing home law firm with experience handling similar cases.

How common is nursing home neglect?

Nursing home neglect is unfortunately common. Around 12% of nursing home caregivers admitted to neglecting residents, according to data from the World Health Organization (WHO).

This rate is slightly higher than the 11.6% reported by residents themselves or their loved ones.

What are some reasons to sue a nursing home?

Suing a nursing home for negligence is often vital to help your loved one.

By suing a nursing home for negligence, you may be able to:

  1. Afford medical care: Compensation from a successful case can help cover the nursing home resident’s medical expenses.
  2. Hold facilities accountable: Lawsuits can help start the healing process as you’ll be able to take real action against the nursing home facility.
  3. Enact change: Suing may force the long-term care facility to make changes so other residents are not harmed.

The Nursing Home Abuse Center has legal partners with decades of experience fighting nursing home abuse and neglect.

Call us right now at (855) 264-6310 to find out if you can take legal action.

How much is a nursing home neglect case worth?

This depends on the specific factors of your case. That said, some past civil lawsuits for nursing home negligence have awarded victims and their loved ones millions of dollars.

In 2024, an 84-year-old woman received $2.34 million through a nursing home neglect lawsuit. The California jury found that Country Villa Wilshire Healthcare Center failed to properly care for the resident, leading to over 130 violations, including multiple falls and severe injuries.

How do I prove nursing home negligence harmed my loved one?

You can prove nursing home negligence harmed your loved one by gathering evidence and working with an 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).

Once you have this initial evidence, go to an attorney. They can do more research to build the strongest case possible, prove your loved one was harmed, and fight for financial compensation.

Is it difficult to sue a nursing home for neglect?

Suing a nursing home for negligence is not hard with an experienced nursing home attorney on your side. They can help you sue a nursing home for neglect with less hassles and stress.

Personal injury lawyers who have handled past nursing home cases will work to get the most amount of compensation possible for you.

Can I file a claim against a nursing home without a lawyer?

Suing a nursing home for negligence is possible without a lawyer, but having solid legal representation significantly increases the likelihood of a favorable outcome.

Skilled nursing home neglect lawyers have the experience and resources to navigate the legal process, gather necessary evidence, and advocate on behalf of victims, ensuring their rights are protected.

They can also maximize potential compensation so your family receives the most amount of money for what you have been put through.

Who can sue a nursing home for negligence?

Nursing home residents who have been neglected or abused may be able to file a lawsuit against a nursing home. Immediate family, relatives, and other loved ones may also be able to sue for nursing home neglect in some cases.

See if you can file a nursing home neglect lawsuit with a free case review.

What types of nursing home neglect can you sue for?

You can sue for many forms of nursing home neglect, including malnutrition, dehydration, bedsores, and more. You can also pursue legal action if negligence directly caused or worsened a resident’s overall health.

What’s the first step to filing a nursing home negligence lawsuit?

The first step to suing a nursing home for negligence is to connect with a skilled nursing home neglect law firm. Lawyers at these firms can review your case for free and see what actions you can take.

From there, they can help you file if you qualify. Top nursing home abuse lawyers won’t charge any upfront fees and will only get paid if they secure money for you.

Learn more about working with a lawyer right now — get a free case review.

Nursing Home Abuse Support Team
Julie Rivers HeadshotReviewed by:Julie Rivers, MBA

Eldercare Advocate & Expert

  • Fact-Checked
  • Editor

Julie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

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  2. Centers for Medicare & Medicaid Services. (n.d.). Your rights and protections as a nursing home resident. Retrieved July 10, 2024, from https://downloads.cms.gov/medicare/your_resident_rights_and_protections_section.pdf
  3. Kiszla, C. (2024, February 19). Jury awards marathon-running octogenarian $2.3M after nursing home neglect. KTLA 5 News. Retrieved July 10, 2024, from https://ktla.com/news/local-news/jury-awards-marathon-running-octogenarian-2-3m-after-nursing-home-neglect/
  4. National Adult Protective Services Association. (n.d.). Learning about neglect and self neglect. Retrieved July 10, 2024, from https://www.napsa-now.org/neglect-and-self-neglect/
  5. National Adult Protective Services Association. (n.d.). Learning about abuse. Retrieved July 10, 2024, from https://www.napsa-now.org/abuse/
  6. Palmer, P. (2020, January 24). Jury awards $5.5m to family over 89-year-old woman’s injuries at Tarzana Senior Facility. ABC7 Los Angeles. Retrieved July 10, 2024, from https://abc7.com/avantgarde-tarzana-senior-living-facility-lawsuit-sherill-phillips/5874487/
  7. New York University. (n.d.). Damages for breach of contract – New York University. Retrieved July 10, 2024, from https://www.law.nyu.edu/sites/default/files/ECM_PRO_063763.pdf
  8. United States Courts. (n.d.). Civil cases. Retrieved July 10, 2024, from https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
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