Can I Sue a Nursing Home for Neglect?
Yes. Suing a nursing home for negligence is a way to get justice for your loved one’s suffering. It can also help encourage better care standards at the facility. Further, by suing a nursing home for negligence, you may be able to secure compensation to cover your loved one’s medical costs.
Neglect occurs when staff members fail to uphold the standard of care in an assisted living facility, and harm comes to residents as a result. Thankfully, victims and their family members may be able to take legal action against nursing home neglect.
Remember: it’s important to act quickly when a loved one is harmed due to neglect or mistreatment. Report nursing home neglect or abuse to 911 in the event of a medical emergency.
From there, reach out to us for a free case review and see if suing a nursing home for negligence could be an option for your family.
Suing for Nursing Home Negligence vs. Nursing Home Abuse
Nursing home neglect is not the same as abuse. However, they share common causes, such as 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 a form of abuse, but it 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 and bedsores
- Change a resident’s clothes or bedding
- Comply with safety standards when helping patients
- Give residents enough food or water
- Help residents when they ask for assistance
- Keep the nursing home clean and safe
Download our Nursing Home Abuse Handbook now to learn more about suing for nursing home negligence or abuse.
How Common Is Nursing Home Neglect?
Nursing home neglect is unfortunately common. According to data from the World Health Organization (WHO), 12% of nursing home caregivers admitted to neglecting residents.
This number was slightly higher than the rate of nursing home neglect reported by residents themselves or their loved ones (11.6%).
Types of Nursing Home Neglect
There are several types of nursing home neglect. Taking legal action for any of these types may be possible if your loved one was severely harmed.
Types of nursing home neglect include:
This occurs when nursing home staff fail to help residents manage their medical needs, such as 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 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 not bathing residents, changing their clothes/bedsheets, or cleaning their rooms regularly.
How to Sue a Nursing Home
Suing a nursing home for negligence is done through a civil lawsuit. By filing a nursing home lawsuit, you can hold care facilities liable for harming residents.
The best way to sue a nursing home is to work with an experienced nursing home abuse attorney. These skilled lawyers can help you through the legal process, handling the heavy lifting so your family can begin to heal.
Steps for Suing a Nursing Home
Here is how to begin your nursing home neglect lawsuit.
- Work with an experienced nursing home neglect attorney. These skilled personal injury attorneys can listen to the details of your case and pursue a legal claim on your behalf if you qualify.
- Draft a legal complaint that includes:
- Explanation of how the resident was hurt
- Facts relating to the neglect
- Legal names of the parties involved
- Losses related to the case, such as medical bills
- File a neglect lawsuit to seek compensation. Your neglect attorney can determine how much compensation you should pursue and file the lawsuit on your behalf.
- Begin the discovery phase, where you exchange information about the case with the defendant.
- Enter nursing home settlement negotiations. Your lawyer will enter into back-and-forth communications with the lawyers for the care facility to help you seek a fair settlement offer.
- Take your case to trial. While nursing home neglect lawsuits usually settle out of court, if an agreement is not made, your case may go to trial. A skilled nursing home lawyer can help convince the judge or jury to rule in your favor.
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, lawyers may be able to file a wrongful death claim.
Who Can Sue for Nursing Home Neglect?
Nursing home residents and close family members are usually those involved in suing a nursing home for negligence. However, other parties may also be able to sue a nursing home.
Some parties who may file a nursing home neglect lawsuit include:
- Spouse of the victim
- Children of the victim
- Parents of the victim
- Other close family members
- Other dependents
Get a free consultation now if your loved one has experienced nursing home abuse or neglect. 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 time you have to take legal action. In most states, this is usually 3 years or less. 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 of your loved one to seek legal advice.
Our trusted advocates can help you and your loved one take legal action. Call us today at (800) 896-7040
How Much Can You Sue a Care Home for Neglect?
The amount of money you’ll receive from suing a nursing home for negligence will depend on factors unique to your case, such as the type of injuries your loved one suffered and how serious they were.
Each case is different, so nursing home case values vary.
However, a study by the peer-reviewed journal Health Affairs found that nursing home lawsuits awarded $406,000 on average. And those who have worked with our team have received $1 million or more in many cases.
Here are some recent nursing home neglect settlements:
A family was awarded $2 million after their loved one developed sepsis in a Massachusetts nursing home and later died.
The wife of an Alabama man who died from nursing home neglect received $1.35 million.
An Illinois man secured $1.2 million from a settlement. He suffered from kidney infections and pressure ulcers (bedsores) while living in a nursing home.
An experienced nursing home abuse lawyer can help with suing a nursing home for negligence and getting the most amount of money possible.
Hold Negligent Nursing Homes Accountable
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 use your legal rights to protect them.
Suing a nursing home for negligence can help you and your family afford medical treatment and other expenses. Find out if you can file a nursing home neglect case: get a free legal case review right now.
FAQs About Suing a Nursing Home for Negligence
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 can:
- Afford medical care: Compensation from a successful case can cover the nursing home resident’s medical expenses.
- Hold facilities accountable: Lawsuits can help start the healing process as you’ll be able to take real action against the nursing home facility.
- Enact change: Suing may force the long-term care facility to make changes so other residents are not harmed.
Can I sue a nursing home for neglect?
Yes. You can sue a nursing home for neglect if the facility fails to meet care standards, causing harm to its residents. When this happens, victims and their loved ones can file a lawsuit to hold the nursing home legally accountable.
Is it difficult to sue a nursing home?
Any lawsuit can be challenging because navigating the legal system is complex. However, working with an experienced nursing home abuse law firm makes the process far more manageable.
This is because the best nursing home lawyers will handle the vast majority of your case for you. Find out if you can work with our partner nursing home attorneys to make the process easier for you.
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 now — get a free case review.
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) or set up a hidden camera in the resident’s room to catch neglectful staff in the act.
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 get financial aid.
Who can sue nursing home for negligence?
A nursing home resident who has suffered neglect can seek justice and compensation. If a resident is unable to file on their own, close family members can often file on their behalf.
Further, distant relatives or even non-relatives (like a friend or a trusted lawyer) may be able to file if they have power of attorney.