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Suing 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 or neglect allows you to get financial aid for medical bills and hold the facility accountable. Learn more about suing a nursing home for negligence right now.

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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.

Unattended nursing home resident sits alone in a wheelchair looking out the window of her room.

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

Get a free case review right now to find out your options on 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:

  • Medical Neglect

    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

A lawyer sits at a desk with a gavel, books, and scales of justice to discuss suing 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 liable for harming residents.

Suing a nursing home for negligence is best when you 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 to Filing a Lawsuit

Steps for Suing a Nursing Home

Here is how to begin your nursing home neglect lawsuit.

  1. 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.
  2. 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
  3. 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.
  4. Begin the discovery phase, where you exchange information about the case with the defendant.
  5. 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.
  6. 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, suing a nursing home for negligence can be done by other parties.

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 (855) 264-6310

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:

$2 million
Neglect - Massachusetts

A family was awarded $2 million after their loved one developed sepsis in a Massachusetts nursing home and later died.

$1.35 million
Neglect - Alabama

The wife of an Alabama man who died from nursing home neglect received $1.35 million.

$1.2 million
Neglect - Illinois

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

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.

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.

  1. The Associated Press. (2019, August 13). Paducah nursing home to pay $2.2M in negligence lawsuit. Retrieved February 17, 2024, from https://apnews.com/general-news-9783effea209464cb96adc7677bdb89b
  2. Centers for Medicare & Medicaid Services. (n.d.). Reporting & resolving nursing home problems. Retrieved February 17, 2024, from https://www.medicare.gov/what-medicare-covers/what-part-a-covers/reporting-resolving-nursing-home-problems
  3. Centers for Medicare & Medicaid Services. (n.d.). Your rights and protections as a nursing home resident. Retrieved February 17, 2024, from https://downloads.cms.gov/medicare/your_resident_rights_and_protections_section.pdf
  4. National Adult Protective Services Association. (n.d.). Learning about neglect and self neglect. Retrieved February 17, 2024, from https://www.napsa-now.org/neglect-and-self-neglect/
  5. National Adult Protective Services Association. (n.d.). Learning about abuse. Retrieved February 17, 2024, from https://www.napsa-now.org/abuse/
  6. National Research Council (US). (2003). Elder mistreatment: Abuse, neglect, and exploitation in an aging America. The National Academies Press.
  7. 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 February 17, 2024, from https://abc7.com/avantgarde-tarzana-senior-living-facility-lawsuit-sherill-phillips/5874487/
  8. New York University. (n.d.). Damages for breach of contract – New York University. Retrieved July 10, 2023, from https://www.law.nyu.edu/sites/default/files/ECM_PRO_063763.pdf
  9. United States Courts. (n.d.-a). Civil cases. Retrieved July 10, 2023, from https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
  10. United States Department of Justice. (n.d.). Trial. Executive Office for United States Attorneys. Retrieved July 10, 2023, from https://www.justice.gov/usao/justice-101/trial