Suing a Nursing Home for Negligence

Nursing home negligence occurs when a facility’s staff fails to provide adequate care. When a nursing home fails to care for its residents properly, injury or harm is more likely. Most states allow injured nursing home residents to seek financial compensation through a nursing home lawsuit.

You may be eligible for compensation if a nursing home’s negligence led to your or your loved one’s injury. Filing a lawsuit for serious injuries also holds the negligent staff accountable and encourages change. 

Common Forms of Nursing Home Negligence

The World Health Organization (WHO) estimates that as many as one in six people ages 60 years and older experience abuse in a community setting each year. The rate of abuse is even higher for those of the same age range residing in a nursing home or long-term care facility, with rates as high as two out of every three residents [1].

Nursing home negligence can include any behaviors that deviate from the standard of care, including the following:

• Abuse: Nursing home abuse may include physical, sexual, or psychological abuse to a nursing home resident. 
• Neglect: Nursing home neglect covers many behaviors, including failing to provide residents with nutritious meals, personal hygiene, a safe environment, or access to medical care.
• Medical Errors: Medical errors when prescribing medications or issuing treatments could be considered medical malpractice.
• Abandonment: Abandonment occurs when negligent supervision fails to monitor residents properly.

It’s not always easy to determine the parties involved or the behaviors that lead to neglect in a nursing home. Legal help from an experienced law firm can help many families uncover the details of the neglect and consider their legal options.

Proving Negligence in a Nursing Home Case

Those suing a nursing home for negligence will need to build a case with sufficient proof. Laws require the plaintiff in a nursing home abuse or neglect case to prove the following four elements of personal injury.

Duty of Care

The first element of a nursing home neglect case is establishing a legal duty of care. Nursing homes owe their residents a legal duty of care, which includes an obligation to a safe and nurturing environment.

Families often choose nursing homes to provide their loved ones with the additional security or safety they need. Nursing home administrators and staff have a general and medical duty to keep residents safe.

Breach of Duty

A nursing home abuse or neglect case also proves a breach of duty. Negligence is the most common way nursing homes breach their legal duty of care. A breach of the legal duty of care might include failing to maintain safety equipment, not properly screening or training employees, not providing residents with nutritious meals, or failing to provide proper medical treatment.

If a nursing home breached its duty of care and death occurs as a result, the negligent parties may be liable for a wrongful death case.

Causation

Causation connects the negligent actions of the nursing home staff to the injury. To sue a nursing home, laws require a suffered injury. However, there must be proof the nursing home’s negligence was the direct cause of the serious injury. An injury in a nursing home can occur from neglect, abandonment, medical malpractice, or sexual abuse.

Damages

Nursing home lawsuits require damages that can be compensated. The purpose of filing a civil lawsuit against the nursing home facility is to recover damages, such as medical expenses or lost wages. Pain and suffering may also be available in some nursing home abuse cases. If you plan to sue a nursing home for negligence, it’s important to calculate your case’s value first.

Gathering Evidence of Nursing Home Neglect

One of the first steps of a nursing home negligence lawsuit is collecting evidence to build a strong case. Nursing Home Law Center uses a collection of available evidence to demonstrate the four elements listed above. Here are a few key pieces of evidence we may use when suing a nursing home for negligence.

Medical Records

Medical records can provide proof of injury and information about a patient’s condition, including how the negligence worsened it and what future medical care may be needed. While the primary purpose of suing a nursing home for negligence is to recover prior damages, a fair settlement offer should also include anticipated medical bills.

Medical records can also show proof of the injury date, which can help connect the negligence of the nursing home staff to the injury of the elderly person.

When an injured victim decides to sue a nursing home for negligence, the facility’s insurance company may try to argue that the resident already suffers from medical conditions. Medical documents can provide clear evidence of a worsening of the resident’s condition due to negligence.

Witness Statements

Witness statements can provide evidence of nursing home negligence, and other residents or staff members can inform the judge or jury of the negligent actions. A family member can also attest to the injuries suffered by the victim. Expert witness statements can also be valuable in a nursing home neglect or abuse case. 

Proving that a negligent nursing home is responsible for your loved one’s damages may require evidence that they deviated from the standard of care. Reaching out to expert witnesses can help a jury or judge better understand the proper standard of care.

The legal system requires documentation proving various elements, and some evidence may be time-sensitive. For this reason, it’s important to gather evidence as soon as possible. When you plan to sue a nursing home for negligence, it’s also best to work with an experienced lawyer who can track down key pieces of evidence.

Photographs and Videos

Photographs or videos can provide additional evidence of nursing home abuse or neglect. 

Photographs can show patient injuries or a dangerous environment, while videos can provide a better understanding of unsafe nursing home conditions. 

For example, a photograph of loose handrails where an injury occurred can demonstrate a serious fall risk. Gather evidence of care facility deficiencies as soon as possible when suing a nursing home for neglect. Many facilities may make prompt repairs to avoid legal action.

A successful nursing home neglect or abuse case requires sufficient evidence. By working with an experienced nursing home abuse attorney, you can more easily track down these key pieces of evidence to build a stronger case. 

It’s also important to note that each case is different, requiring in-depth investigation and the collection of evidence that best supports yours. Nursing homes can be found liable for a wide range of negligence types, and a free case evaluation is the best way to determine the right legal route for your case.

Statute of Limitations for Nursing Home Abuse Claims

The statute of limitations refers to the time a person has to seek compensation following negligence in a nursing home. Here are a few important things to know about your nursing home neglect lawsuit.

Time Limits

Time limits for suing a nursing home for negligence vary, depending on the jurisdiction. Many states have a two-year time limit on nursing home neglect lawsuits, but this may vary depending on the details of your case. As a general rule, if you suffered neglect or abuse, it’s important to consider your legal options as soon as possible.

Discovery Rule

In many states, the two-year time limit on a nursing home abuse lawsuit starts on the date on which the neglect was discovered or should have been discovered. The resident’s family may not always learn of nursing home neglect until after the fact, which could extend the timeline in some cases.

Contact the Nursing Home Law Center if you or your family member have questions about your state’s time limits for filing a nursing home neglect case.

How a Nursing Home Lawyer Can Help You

Families expect adequate medical treatment and care when they choose a nursing home for their loved one. Learning about nursing home neglect can be overwhelming and confusing. Nursing Home Law Center is here to help victims of nursing home abuse pursue legal action. Here are a few ways that a personal injury lawyer may benefit your case.

Legal Expertise

Nursing home lawyers have specialized training and knowledge of the legal process regarding abuse or neglect. Filing a nursing home lawsuit requires specific evidence, and plaintiffs must adhere to timelines. Before pursuing legal action against a nursing home for negligence, consider contacting the Nursing Home Law Center for a free consultation.

Negotiation Skills

Nursing home residents injured via elder abuse or medical neglect deserve to be compensated for their damages. While many nursing home negligence cases are settled outside of court, that doesn’t mean you and your family will always receive a fair settlement offer.

Working with our team, you get access to expert negotiation skills. Our team works hard to get a fair settlement that covers your loved one’s injuries appropriately. We work closely with each nursing home resident to accurately calculate the value of their cases. 

This evaluation includes past medical expenses, anticipated medical costs, and lost wages. It also includes the psychological impacts of negligence.

While it may be more difficult to value the psychological impact of negligence, it’s just as important as other, more tangible costs. Nursing home negligence lawsuits should include compensation for pain, suffering, counseling costs, or loss of enjoyment.

Maximizing Compensation

Working with a personal injury lawyer to sue a nursing home increases the chances of receiving maximum compensation. When you seek legal assistance, you have someone not only guiding you through the legal process but also someone who is fighting for your rights every step of the way.

Nursing homes often have large legal teams who may attempt to minimize compensation by claiming self-neglect. When you sue a nursing home for negligence, you need a law firm with experience to negotiate in your best interests.

Nursing homes owe their residents access to a safe environment and staff who properly care for them based on their unique needs. Our legal team advocates for residents’ rights while ensuring the nursing home is accountable for negligence.

Reach Out to a Nursing Home Lawyer for a Free Consultation

A nursing home should be a safe care facility for you or your family member. When staff neglect leads to a lack of proper care, you may have legal rights available. If you or a loved one suffered severe injuries due to staff neglect or abuse, you may be eligible for compensation through a nursing home negligence case.

Suing a nursing home for neglect allows the victim and their family to recover medical expenses, lost wages, and pain and suffering. While this financial compensation doesn’t reverse the damages incurred, it can help the family heal.

Nursing Home Law Center offers a free consultation to nursing home residents and their family members. We also work on a contingency fee basis, meaning you don’t pay anything for our legal services unless we collect financial compensation on your behalf.

If your family decides to sue a nursing home for negligence, you need an experienced legal team representing you. Contact us at (800) 926-7565 or by filling out our online form.

Resources: [1] The World Health Organization