What’s Considered Nursing Home Neglect?
Nursing home neglect refers to the failure of a long-term care facility to provide adequate care and attention to its residents, which can result in physical and emotional harm.
Neglect can take various forms, such as inadequate medical care, lack of proper nutrition and hydration, and failure to maintain hygiene and cleanliness. This can cause serious health issues, infections, and even death for the neglected victim.
Family members must be aware of the signs of nursing home neglect and take appropriate action if they suspect the mistreatment of their loved one.
Nursing Home Abuse vs. Nursing Home Neglect
In long-term care facilities, the mistreatment of residents can take different forms, such as nursing home abuse and neglect.
Nursing home lawyers often deal with cases of nursing home abuse, where residents suffer injury or even death due to physical abuse, sexual abuse, or emotional abuse.
Such mistreatment from health care providers can have severe consequences for the resident’s health and well-being.
Nursing home neglect is equally dangerous, as it involves failing to provide adequate nutrition or proper medical care. Conditions such as bedsores caused by a resident not being repositioned can be deadly.
In February 2023, a jury ordered a Florida nursing home to pay $12.5 million to the daughter of a woman who died from severe bedsores.
Nursing home caregivers may also neglect to offer emotional support and mental stimulation, leading to worsened health issues for the resident.
Some nursing home abuse and neglect cases arise due to understaffing and low standards of care in long-term care facilities. In other cases, medical malpractice could be at play. No matter what the cause, nursing home abuse and neglect are never acceptable and may require legal action to protect residents and ensure justice is served.
Get a free legal case review today if you or a loved one was harmed in a nursing home.
Signs You May Need a Nursing Home Neglect Lawyer
While nursing home abuse can take various forms, there are signs to look out for to help identify if your loved one is being mistreated.
While some of the following signs could be due to underlying health conditions, when they become patterns, it can mean that neglect or abuse is taking place.
Common signs of nursing home neglect include:
- Bruises and advanced pressure ulcers, such as stage 4 bedsores
- Dehydration or malnutrition
- Overmedication, improper medication management, or other medication errors
- Resident complaints of mistreatment or abuse
- Sexual abuse, such as unnecessarily touching a resident’s genitals
- Sudden changes in behavior, such as increased anxiety, depression, or withdrawal
- Unexplained injuries such as welts, scars, or broken bones
- Unsanitary surroundings, leading to conditions such as sepsis
- Witnessing a caregiver belittling, threatening, or emotionally abusing a resident
In any form, nursing home neglect is unacceptable, and there are laws in place to protect elderly residents in assisted living facilities.
If you suspect that a loved one is a victim of nursing home abuse or neglect, it is essential to take action. A nursing home neglect attorney can help you fight for justice and hold the responsible parties accountable.
What Can a Nursing Home Neglect Lawyer Do?
Nursing home neglect and abuse can have devastating effects on residents and their families, including the resident’s physical and mental well-being.
Fortunately, nursing home neglect lawyers are dedicated to helping victims and their families. A nursing home neglect lawyer can help in the following ways.
Gather Evidence to Support Your Case
One of the key roles of a nursing home neglect attorney is to gather evidence to support their client’s case.
This involves conducting a free case review to determine the cause and extent of the neglect or abuse.
If a case is accepted, the nursing home neglect attorney will interview witnesses, review medical records, and consult with experts to build a compelling legal claim.
File a Nursing Home Neglect Lawsuit for You
Once a nursing home neglect attorney has gathered sufficient evidence, they can file a lawsuit on behalf of their client.
The lawsuit may seek compensation for medical expenses, disabilities, pain and suffering, and emotional distress.
The nursing home neglect lawyer will represent their client throughout the case, fighting for justice and protecting the client’s rights.
Fight for Fair Compensation
The best lawyers for nursing home neglect will explore all possible legal options to ensure their client gets fair compensation.
This includes negotiating with the nursing home or its insurers, attending court hearings, and dealing with any other legal issues that arise.
Manage all Aspects of the Claim
Overall, a nursing home neglect lawyer can provide invaluable support and guidance to those who have suffered from neglect or abuse in a nursing home facility.
A nursing home neglect attorney can help victims obtain fair compensation, hold the responsible parties accountable, and help prevent similar incidents from occurring in the future.
By ensuring that all aspects of the claim are taken care of, including communication between parties and the proper filing of paperwork, a skilled attorney for nursing home neglect can help reduce the client’s stress.
What Types of Nursing Home Neglect Cases Do Lawyers Take?
Nursing home neglect and abuse can take many forms, and lawyers who specialize in these cases handle a wide range of situations.
Some common types of nursing home neglect cases that lawyers may take include neglect of medical care, physical neglect, and emotional neglect.
Neglect of Medical Care
Neglect of medical care cases involve staff members failing to provide residents with proper medical attention.
This can include failure to administer medication, failure to provide timely medical treatment, or failure to monitor a resident’s health condition.
In some cases, neglect of medical care can lead to serious injuries or even wrongful death in a nursing home.
Physical neglect cases involve nursing home staff failing to provide residents with basic necessities such as food, water, and hygiene.
This can lead to conditions such as malnutrition, dehydration, or other serious medical conditions.
Physical neglect can also involve residents being left in unsafe conditions or not being provided with appropriate assistive devices.
Emotional neglect cases involve nursing home staff failing to provide residents with appropriate emotional support and care.
Emotional neglect may include situations where residents are left alone for long periods or where staff fails to provide opportunities for social interaction or engagement.
Emotional neglect can have serious consequences, including depression, anxiety, and feelings of isolation. Each of these is linked with premature death.
Top Reasons to Hire a Nursing Home Neglect Lawyer
Your nursing home neglect attorney can help you in a number of ways during your nursing home case. Here are some of the top advantages of working with a nursing home neglect attorney.
1. Knowledge of Nursing Home Laws
When it comes to nursing home neglect and abuse cases, it’s important to understand the legal framework that governs these situations.
One key piece of legislation that applies to nursing home care is the Nursing Home Reform Act, which sets standards for the care of nursing home residents and establishes rights for these individuals.
A nursing home neglect lawyer can help clients understand their rights under the Nursing Home Reform Act and ensure that these rights are upheld.
Another important consideration in nursing home neglect cases is the statute of limitations, or the amount of time a person has to file a claim after they have been harmed or mistreated.
Statutes of limitations vary by state law and by the type of case. If this deadline is missed, you may be forever prevented from taking legal action.
Working with a nursing home neglect lawyer helps ensure you file your claim within this deadline.
2. Nursing Home Lawsuit Experience
The most trusted nursing home lawyers have experience representing clients with similar cases.
The best nursing home neglect lawyers have extensive backgrounds in nursing home neglect lawsuits. This experience allows them to apply their knowledge and skills to your case.
3. Law Firm Resources
Lawyers who work at well-established law firms can call on their firm’s ample resources when working on your case.
Some of these resources include a legal support team, access to top medical experts, and an impressive track record of winning similar cases.
Armed with these resources, your lawyer will be able to build a strong case and fight for the most compensation possible.
Get Help From Nursing Home Neglect Lawyers
Finding out your loved one has been neglected by a nursing home or one of its staff members is devastating. Thankfully, you may have legal options if this happens.
If a lawyer determines that your loved one qualifies for a nursing home lawsuit, you may be able to seek compensation for their mistreatment.
Contact Nursing Home Abuse Center today to learn whether you can benefit from working with a nursing home neglect lawyer and to schedule a free case review.
Nursing Home Neglect Lawyer FAQs
How much do nursing home neglect lawyers cost?
Nursing home neglect lawyers typically work on a contingency fee basis, meaning clients do not have to pay any upfront costs or hidden fees.
Instead, the lawyer only receives payment if they win their client’s case.
This arrangement can help ensure that victims of nursing home neglect and their families can access legal representation without worrying about the costs involved.
Who qualifies for a nursing home neglect lawsuit?
Victims of nursing home neglect may qualify for a nursing home neglect lawsuit.
However, it’s important to consult with a nursing home neglect lawyer to evaluate the specific circumstances of the case and determine whether legal action is appropriate.
A lawyer can help assess the strength of the case and advise on the next steps to take.
How will a lawyer prove nursing home negligence?
A nursing home neglect lawyer may use various types of evidence to prove negligence, including medical records, witness testimony, photographs, and expert opinion.
The lawyer may also conduct an investigation into the nursing home’s policies and practices to determine whether they were in compliance with state and federal regulations.
Do you have to hire a lawyer to file a nursing home neglect lawsuit?
No, you do not have to hire a lawyer to file a nursing home neglect lawsuit, but it is strongly recommended to do so.
A lawyer with experience in nursing home neglect cases can provide valuable guidance, help navigate the legal system, and improve the chances of a successful outcome.
How do I find a nursing home neglect attorney near me?
Nursing Home Abuse Center can help you find a top nursing home neglect attorney near you. We help families across the country connect with the best nursing home neglect attorneys.
Our legal partners have helped families recover over $241 million for nursing home neglect and abuse.