Nursing home neglect medical malpractice occurs when licensed health care providers fail to properly treat residents, leading to serious harm or death. Cases may involve missed diagnoses, medication errors, or delayed treatment. When this happens, families may be able to seek financial compensation. Find out what qualifies as malpractice and how legal action may help.
Medical malpractice from nursing home neglect happens when licensed health care providers fail to meet the basic standards of medical care, and a resident suffers or dies as a result.
Many families assume their loved one is receiving proper medical treatment in a nursing home. However, the heartbreaking truth is that some facilities cut corners, ignore warning signs, and even employ doctors or nurses with histories of poor performance.
Did You Know
In some cases, medical providers who can’t work in hospitals due to serious mistakes end up practicing in long-term care — where oversight is weaker and residents are more vulnerable.
Nursing home neglect medical malpractice can involve delayed treatment, missed diagnoses, medication errors, or failure to respond to urgent medical needs.
When medical professionals let down the people who rely on them most, families have every right to take legal action.
Working with a skilled attorney is the best way to determine if a licensed provider’s actions violated the standard of care. If so, the harm may be considered medical malpractice from nursing home neglect.
The Nursing Home Abuse Center partners with a network of top nursing home malpractice attorneys who can help families nationwide. Our legal partners have recovered over $304 million for families affected by harm in nursing facilities.
Get a free case review right now to find out if we can connect you to an experienced attorney near you.
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While many issues in long-term care stem from general nursing home neglect or abuse, some may indicate medical malpractice, especially if licensed health care providers failed to recognize or treat serious medical conditions.
Signs of medical malpractice from nursing home neglect may include:
When doctors or nurses overlook urgent medical needs, the consequences can be life-threatening.
While many nursing home abuse cases do not qualify as medical malpractice, some residents are harmed by both. This is particularly true when licensed providers ignore clear signs of abuse or delay treatment.
Many families choose to file nursing home lawsuits if they believe medical mistreatment caused harm. Nursing home malpractice lawyers can help determine what went wrong and guide you through your legal options.
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Types of Medical Malpractice From Nursing Home Neglect
Medical malpractice in nursing homes happens when doctors, nurses, or other licensed providers fail to deliver proper medical care, and a resident is seriously harmed as a result.
Learn about the types of medical malpractice from nursing home neglect below.
Medication Errors
Licensed medical providers are responsible for ensuring safe and appropriate medication use. When medication errors occur, the consequences can be severe and may be considered medical malpractice.
Nursing home neglect medical malpractice may include:
Administering medication to the wrong resident
Failing to account for dangerous drug interactions
Omitting essential medications or skipping doses
Prescribing the wrong drug
Providing the wrong dose or frequency
These mistakes can cause severe harm, including confusion, organ failure, or even death.
Failure to Seek Medical Care
Licensed practical nurses and other skilled providers are expected to recognize when a resident needs urgent medical attention.
When they fail to notify a doctor, call 911, or send a resident to the hospital in time, the consequences can be life-threatening.
Delayed care for infections, strokes, or broken bones may result in permanent injury or wrongful death, and may qualify as medical malpractice from nursing home neglect.
Missed or Misdiagnosed Medical Conditions
Failing to diagnose a resident’s condition or misidentifying symptoms can delay treatment and allow the illness to worsen.
Common examples include:
Missed infections that lead to sepsis or widespread illness
Mistaken symptoms of stroke or heart attack resulting in delayed emergency care
If a medical provider in a long-term care facility fails to recognize these conditions under the accepted standard of care, it may be considered nursing home neglect medical malpractice.
Failure to Treat Life-Threatening Symptoms
When residents exhibit clear signs of medical distress — such as fever, confusion, shortness of breath, or changes in consciousness — nurses and doctors are required to take action.
Failing to treat these symptoms promptly can lead to rapid decline. If a resident dies or suffers lasting harm because staff ignored or minimized these symptoms, legal action may be possible.
Get a free case review right now to see if you could be eligible to take legal action for medical malpractice from nursing home neglect.
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Residents recovering from surgery or experiencing wounds such as pressure ulcers require close medical supervision. If nurses or doctors fail to clean, monitor, or treat wounds properly, infections can develop.
Did You Know
In severe cases, untreated wounds can lead to sepsis or amputation.
These failures often involve nursing home neglect medical malpractice, especially when accepted standards were clearly violated.
Failure to Monitor for Complications
Many residents in nursing homes have chronic illnesses, complex medication regimens, or conditions that require regular monitoring.
When licensed providers fail to check vital signs, review lab results, or follow up on treatment responses, they may miss early signs of complications.
This can lead to preventable hospitalizations, permanent harm, or even wrongful death.
Improper Use of Medical Devices or Restraints
When used incorrectly, medical devices such as feeding tubes, catheters, or oxygen supplies can cause serious injury.
Additionally, physical restraints should only be used in limited, medically justified situations.
If licensed nursing home staff misuse or overuse these tools, and a resident is harmed as a result, the facility may be held accountable for medical malpractice from nursing home neglect.
Risk Factors for Nursing Home Medical Malpractice
Some nursing homes and assisted living facilities are more likely to provide unsafe or inadequate medical care due to systemic issues and understaffing.
These factors may lead to medical malpractice from nursing home neglect:
Communication failures among staff: Inconsistent documentation, missed handoffs, or poor coordination between shifts can lead to delayed or inappropriate treatment.
High staff stress and burnout: Overworked or unsupported providers are more likely to make medication errors, ignore symptoms, or delay care.
Inadequate staffing and supervision: Facilities with too few licensed staff may fail to meet standards of care, especially during emergencies.
Lack of access to medical specialists: Facilities without timely access to physicians, wound care nurses, or mental health professionals may miss critical diagnoses.
Poor sanitation and personal hygiene: Unsanitary environments raise the risk of infection, especially for residents with wounds, catheters, or weakened immune systems.
Undertrained or unqualified staff: Providers without proper credentials or continuing education may fail to recognize or treat serious medical issues.
Each of these factors can increase the likelihood of preventable harm — and in some cases, may result in medical malpractice when licensed providers fail to deliver appropriate care.
Compensation for Medical Malpractice From Nursing Home Neglect
When medical malpractice from nursing home neglect happens, the harm is often permanent, and the cost falls on families.
A successful nursing home settlement can provide financial relief for medical bills, long-term care, pain and suffering, and other losses caused by a provider’s failure to deliver proper treatment.
In cases of wrongful death, settlements may also cover funeral expenses and the emotional and financial impact of losing a loved one.
Did You Know
Our legal partners secured $2 million for a Massachusetts family after their loved one died from an untreated catheter infection, caused by staff failing to change it.
No amount of money can undo the harm done, but an attorney can pursue the maximum possible recovery through a nursing home lawsuit to help your family.
Get Legal Help for Nursing Home Neglect Medical Malpractice
Families trust nursing homes to provide safe, professional medical care, but that trust is often broken. Behind closed doors, some residents suffer or die from preventable medical mistakes.
The hard truth is that nursing homes don’t always attract top medical talent. Some doctors and nurses on staff have poor records, and many families don’t know it until it’s too late.
If your loved one was seriously harmed or died due to medication errors, delayed treatment, or other failures by licensed staff, a skilled nursing home malpractice attorney may be able to help you seek compensation.
The Nursing Home Abuse Center has legal partners who have secured over $304 million for nursing home cases.
Medical Malpractice From Nursing Home Neglect FAQs
What is medical malpractice in a nursing home?
Nursing home neglect medical malpractice occurs when a licensed health care provider (such as a doctor or nurse) fails to meet the accepted standard of care, resulting in harm to a resident.
How is nursing home neglect different from medical malpractice?
Nursing home negligence refers to the failure to provide adequate care, resulting in harm. Medical malpractice from nursing home neglect involves a breach of the medical standard of care by licensed professionals.
While neglect can be a form of malpractice if it involves medical care, not all neglect cases qualify as malpractice.
What are examples of malpractice in nursing homes?
Medical malpractice from nursing home neglect happens when licensed health care providers fail to meet the accepted medical standard of care, and a resident is seriously harmed as a result.
Examples of nursing home neglect medical malpractice include:
If you or a loved one has experienced any of these situations, call us right now at (855) 264-6310 or Click to Live Chat to take the first steps toward justice.
What compensation can I receive from a nursing home malpractice lawsuit?
Nursing home residents and their family members may be eligible for financial compensation when medical malpractice occurs in a nursing home.
Possible reasons for nursing home malpractice compensation include:
Funeral and burial costs (in wrongful death cases)
Loss of quality of life
Medical expenses
Pain and suffering
Punitive damages (in cases of extreme misconduct)
Sometimes, these cases result in awards exceeding $1 million, depending on the severity of the harm and other factors.
Get a free case evaluation right now to see if we can help you seek compensation.
What should I do if I suspect medical malpractice in a nursing home?
If you believe your loved one has suffered from nursing home medical malpractice, take steps to protect their rights.
Recommended actions include:
Contacting your state’s long-term care ombudsman
Documenting all injuries, symptoms, and conversations
Notifying facility administrators in writing
Speaking with an experienced nursing home malpractice lawyer
Acting quickly can make all the difference in the outcome of your case.
Call us right now at (855) 264-6310 to see if we can connect you with a top lawyer near you.
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.