Can You Sue a Nursing Home for Neglect?
Yes. You may be able to sue for nursing home neglect if your loved one was harmed.
With a nursing home neglect lawsuit, you can get financial aid for medical costs and find closure knowing justice was brought for the harm done. Additionally, suing a nursing home for negligence can bring much-needed awareness to poor care practices.
A skilled attorney can make the legal process easier for you and your family, ensuring the best possible outcome for your case.
If you’re eligible, we can connect you with a top-tier nursing home law firm near you that is ready to fight for the financial compensation you deserve.
Don’t wait — get a free case review right now and take the first step toward justice.
Payouts From Suing a Nursing Home for Negligence
Suing a nursing home for negligence can result in significant compensation for victims and their loved ones. While there is no guarantee, nursing home case values can be $1 million or more.
In fact, our legal partners have helped recover over $256 million for victims of abuse and neglect by suing nursing homes for negligence. Our trusted legal partners may be able to help your family, too.
Some notable nursing home neglect cases include:
Verdict for neglect
Verdict for elder abuse and neglect
Settlement for wrongful death caused by a bedsore
Settlement for a nursing home fall that led to wrongful death
Experienced nursing home neglect lawyers can work with you to ensure you receive the maximum amount of compensation for your case.
Pursuing Legal Action for Nursing Home Negligence
Nursing home neglect occurs when residents are not provided with adequate care, leading to severe injuries or even death.
The federal government requires nursing homes that receive Medicare or Medicaid to meet a basic standard of care. Adequate care standards and the legal rights of residents are also mandated by federal and state laws.
Therefore, you may be able to take legal action if any type of nursing home neglect occurs.
Common types of nursing home neglect include:
- Neglect of basic needs
- Neglect of personal hygiene
- Neglect stemming from medical malpractice
- Social or emotional neglect
There are many benefits to filing a nursing home lawsuit if you or a loved one was harmed by neglect.
First, suing a nursing home for negligence can be a necessary step for accountability. You can achieve a sense of closure knowing that the nursing home responsible has been held accountable for hurting your loved one.
Additionally, you and your family can receive financial compensation to cover medical bills and other expenses.
Finally, suing a nursing home for negligence is not just about compensation — it’s about upholding the rights of residents, all of whom deserve high-quality care.
Suing a nursing home for negligence is easier with skilled legal help. Get started today with a free case review.
How to Sue a Nursing Home for Neglect
If you or a loved one has suffered neglect in a nursing home and you want to pursue legal action, there are some general steps to follow.
Suing a nursing home for negligence usually involves these steps:
- Collect evidence: This may include photographs of injuries or unsanitary conditions, medical records detailing the extent of injuries or illnesses, and any other relevant documents. Additionally, maintain a diary or record of events with details such as dates, times, descriptions of incidents, and names of caregivers or witnesses.
- Work with an attorney: A skilled nursing home neglect attorney can evaluate the strength of your case and guide you through the legal process.
- File a lawsuit: With the guidance of your attorney, you will file a complaint detailing the allegations against the nursing home. The nursing home will then be served with the lawsuit and have an opportunity to respond.
- Discovery process: During this phase, both parties (your attorneys and attorneys representing the nursing home) will collect additional evidence. This can involve obtaining documents, taking depositions (sworn statements) from witnesses, and other investigative techniques.
- Negotiation and settlement: Most nursing home abuse and neglect cases are settled outside of court. Your attorney will negotiate with the nursing home’s legal team in an effort to reach a fair settlement.
- Trial: If a settlement isn’t reached, the case will go to trial, where both parties present their evidence. A nursing home case verdict will then be made by a judge or jury.
- Appeal: Should either party believe there were legal errors during the trial, they can appeal the court’s decision to a higher court.
Remember, every case is unique, and the specific steps you need to follow may vary based on your jurisdiction and the circumstances surrounding the neglect.
When Can You Sue a Nursing Home for Neglect?
Many victims and their loved ones have the same question: When can you sue a nursing home for neglect? While it will depend on your situation, you may be able to sue for nursing home neglect right now.
For several important reasons, you should get started sooner rather than later.
The sooner you sue a nursing home facility for negligence, the faster you’ll be able to receive compensation if you have a valid claim.
Get a free case review right away to learn more about quickly suing a nursing home for negligence and getting compensation.
How Common Is Nursing Home Neglect?
Neglect of nursing home residents is all too common. The World Health Organization (WHO) found that 12% of nursing home staff members admitted to neglecting residents.
This high neglect rate is just one part of the overarching problem of abuse in nursing homes.
Nursing Home Neglect Statistics
While elder abuse statistics are heartbreaking and eye-opening, it is essential to be aware of the potential for harm.
Here are some top nursing home neglect statistics to know:
- Neglect is one of the most common forms of elder abuse.
- Neglect makes up about 14% of complaints against nursing homes.
- On average, at least 20% of nursing home residents are neglected at least once per year.
Victims may worry they won’t know how to prove nursing home negligence. While this is a common concern, it is often not valid due to how severe the consequences can be.
People may also be unaware that nursing home neglect is considered a form of abuse.
Nursing Home Neglect vs. Abuse
Nursing home abuse occurs when a staff member intentionally mistreats a resident. Neglect is considered one of the many types of nursing home abuse. However, several factors make negligence cases stand out from other types.
Neglect is unlike abuse in three main ways:
- 1. ActionNursing home neglect is often passive or, in some cases, unintentional. However, it still can cause nursing home residents to suffer severe injuries or even wrongful death.
- 2. PerpetratorsSince nursing homes are designed for people who need help taking care of themselves, cases of nursing home neglect often stem from the staff. In cases of abuse, these same staff members, other nursing home residents, and even family members can all be perpetrators.
- 3. State lawsSome states make legal distinctions between neglect and abuse, which might affect your case. Working with an experienced attorney is the best way to determine your options.
It is critical to understand that while neglect may not sound as serious as abuse, the consequences can be just as severe for vulnerable residents.
Examples of Nursing Home Neglect
A wide range of issues could be considered nursing home neglect. Learning examples of neglect can help families understand the most common signs.
Examples of nursing home negligence include:
- Allowing dehydration or malnutrition to occur
- Allowing pressure ulcers to form, especially stage 4 bedsores
- Failing to provide safe living conditions
- Ignoring residents who are nonverbal or bedridden
- Making medication errors
- Not helping residents with physical activity, such as range-of-motion exercises
- Transferring residents between rooms or facilities unsafely
- Turning off call lights or alarms without tending to residents
The impacts of nursing home neglect can include emotional distress, declining physical health, and even death. Many families feel that suing a nursing home for negligence is the only way to get justice for their loved one’s suffering.
What Are the Signs of Nursing Home Neglect?
Family members should be on the lookout for signs of neglect. Nursing home residents may hesitate to speak out if they were neglected, as they may fear the staff will retaliate. Further, residents with dementia and other conditions may be unable to communicate.
Warning Signs of Neglect in Your Loved One
These are possible red flags that your loved one is suffering from nursing home neglect.
- Absence of dentures, eyeglasses, or hearing aids
- Bedsores, especially if they are worsening
- Dehydration, malnutrition, and/or weight loss
- Fear of staff or other caregivers
- Lack of energy
- Lack of medical care for infections, broken bones, etc.
- Poor personal hygiene
- Unexplained mood changes such as agitation, depression, or withdrawal
Signs a Facility Could Be Neglectful
The environment of the nursing home itself can also help families determine if neglect is occurring.
Here are some warning signs of problematic environments:
- Dirty living spaces
- Faulty wiring
- Inadequate utilities (heat, A/C, and poor lighting)
- Insect or rodent infestations
- Insufficient space
- Lack of medical equipment
- Negligent hiring practices
- Overmedicating or medication errors
- Poor ventilation
- Scarcity of food or water
Even if you are not sure whether a nursing home is mistreating your loved one, you should report any signs of neglect. Cases of nursing home neglect can cause serious injury and even death if they are not quickly addressed.
Reporting and taking note of these signs can also help during the lawsuit process. Using this information, nursing home neglect lawyers can gather supporting evidence to make the case as strong as possible.
If you have seen any warning signs of neglect, find out if we can connect you with an experienced law firm without delay.
How to Report a Nursing Home for Neglect
There are many ways to report nursing home neglect.
The Centers for Medicare & Medicaid Services (CMS) first recommends reporting any problems to a staff member, a supervisor, or a resident’s social worker.
If the problem has not been resolved after this, try one of the options below.
Always call 911 in the event of a medical emergency. Doing so will allow your loved one to quickly get the medical care they need. Local police can also help determine what caused your loved one to suffer and who is responsible.
Follow the Facility’s Grievance Procedure
Medicare- and Medicaid-certified nursing homes have grievance procedures in place to address issues. This allows you to make a formal complaint with them. Other facilities that don’t work with Medicare and Medicaid should also have procedures to file complaints.
Contact a Long-Term Care Ombudsman
A long-term care ombudsman protects the interests of nursing home residents. They can resolve complaints, conduct in-person investigations of nursing homes, and help victims and/or their loved ones take action in cases of neglect or abuse.
Contact Adult Protective Services (APS)
Loved ones may report any issues to a local APS agency, which can then investigate for neglect or abuse. If the agency determines that harm is taking place, an agent will meet with the victim and/or their family to determine the best ways to protect them.
Consult an Experienced Lawyer
An experienced nursing home abuse lawyer can help loved ones report neglect and offer legal advice on how to handle the situation. Attorneys can also help clients file lawsuits to pursue financial compensation for medical treatments and other expenses.
Get Legal Help for Nursing Home Neglect
Nursing home neglect law firms can help you and your family heal from the harm you’ve suffered. A skilled nursing home neglect lawyer can file a lawsuit and pursue compensation from those responsible.
While nothing can undo the harm caused by negligent nursing homes, a successful lawsuit can provide victims and their loved ones closure, knowing that justice was served.
If you or someone you love experienced nursing home neglect, don’t wait. There are strict deadlines to file. Find a nursing home law firm near you with help from our team — get a free case review now.
FAQs About Suing a Nursing Home for Negligence
Can I sue a nursing home for neglect?
Yes. If you or a loved one was harmed by a negligent nursing home, you might 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 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 2019, the family of a 92-year-old woman received $2.2 million through a nursing home neglect lawsuit that went to trial. The jury found that the nursing home failed to properly care for the woman, which contributed to her death.
Is it hard 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.
How do you prove nursing home neglect occurred?
To prove that neglect occurred, your attorney must show how nursing home staff members failed to properly care for your loved one and how this failure caused them harm.
A nursing home abuse law firm can help you file a case that proves a nursing home or assisted living facility neglected you or a family member.
Who can sue a nursing home for negligence?
Nursing home residents who have been neglected or abused can 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.