Nursing Home Neglect Lawsuit

When you make the difficult decision to move a loved one to a nursing home, you expect them to receive proper care and attention. Negligent policies, hiring practices, training standards, or staff behaviors put nursing home residents at risk.

Residents in a negligent nursing home are at risk of multiple falls and deficiencies. They may also suffer from physical and emotional injuries. Injured residents and their families may decide to sue a nursing home to recover damages caused by nursing home abuse, such as medical bills and lost wages.

The Nursing Home Law Center is committed to helping you and your family recover maximum compensation for nursing home abuse or neglect damages. We aim to hold negligent nursing homes accountable while protecting your best interests.

What is Nursing Home Neglect

Nursing home neglect refers to a situation in which a resident does not receive access to basic care requirements. Neglect in a nursing home can include a failure to provide basic care, such as daily grooming or bathing, clean clothing, nutritional meals, or mobility movement assistance. 

It can also be medical neglect, which means the nursing home fails to provide residents with access to medical care or medications. A medical malpractice case in a nursing home can lead to a worsening of the resident’s condition.

Emotional neglect is possible, which may include failing to monitor residents’ overall mental well-being. Nursing homes that fail to provide residents with emotional support and compassion may also be negligent.

Neglect in a nursing home can lead to life-threatening injuries, illness, or even death. Nursing home staff have a general and medical duty of care to protect each nursing home patient. When they don’t, they may be financially liable for any incurred damages.

Nursing home abuse and neglect have one distinct difference: neglect is commonly the inaction of the facility or staff, while nursing home abuse typically involves an action, such as hitting, sexual abuse, or pulling hair. 

However, nursing home abuse and neglect can happen simultaneously. Victims can file claims regarding neglect and abuse in a nursing home abuse lawsuit.

Initial Consultation with an Attorney

Learning your loved one has been the victim of nursing home abuse or neglect can be incredibly overwhelming. After the initial shock and anger, it’s time to determine what to do. 

The safety of your loved one is a priority. Before considering whether or not to sue a nursing home for neglect, ensure the safety and well-being of your family member. Notify the local police if they’re in immediate danger. Consider reporting elder abuse or neglect to Adult Protective Services or Medicaid Services.

Once your loved one is moved to a safe residence, consider whether you want to file a nursing home lawsuit. A nursing home neglect lawsuit aims to recover compensation for damages resulting from the nursing home abuse or neglect. 

It also helps prevent the same neglectful situation from happening to another resident. Legal action against an assisted living facility provides your family with healing resources.

One of the first steps to file a nursing home neglect lawsuit is to schedule an initial consultation with a lawyer. Here is what you can expect from the initial consultation.

Case Evaluation

An initial consultation lets you and your family discuss your case with an experienced nursing home neglect legal team. This is your opportunity to ask questions and explore what legal options may be available. It also allows you to interview potential nursing home abuse lawyers to choose the best one.

The law firm will also conduct an initial free case review, which reviews the details of your case to determine the best legal strategy. A legal team may ask questions to determine if nursing home abuse simultaneously occurred with the neglect. 

Gathering Information

If you and our law firm choose to work together, our team will begin gathering evidence to support your claim. Nursing home lawsuits require sufficient evidence, including medical records, incident reports, and witness statements.

These records help convince a defendant, judge, or jury your loved one was subject to nursing home abuse or neglect. Tracking down this information isn’t always easy or convenient, making it important to work with a law firm experienced with nursing home abuse cases.

Fee Arrangement

Discussing payment during the initial consultation is also best to avoid surprises. The nursing home lawsuit process can be lengthy and costly, but it is necessary to collect maximum compensation on behalf of your loved one. However, paying out-of-pocket for legal services before recovering compensation isn’t an easy task for many impacted clients.

Some law firms, including the Nursing Home Law Center, work on a contingency fee basis. This means you and your family members only pay for our legal services if we win your nursing home abuse or neglect case. This means you never have to worry about the costs of filing a nursing home lawsuit until we successfully recover compensation on your behalf.

Compensation is based on a percentage of the money recovered when you sue a nursing home for negligence. This means the cost of legal representation comes from the nursing home lawsuit settlement. If you decide to take your case to court, payment is based on a percentage of the fund recovered.

A free case review also comes with no obligation. If you decide not to pursue legal action against the nursing home or retain a different lawyer, you owe us nothing. 

Investigation and Evidence Gathering

After the free legal case review, our law firm will investigate and gather evidence to support the abuse or neglect claim. 

Nursing home negligence cases require proof of negligence, making this an important part of the legal process. Here are a few key pieces of evidence we may use when building your nursing home neglect lawsuit.

Reviewing Medical Records

Reviewing medical records allows us to better understand the resident’s condition before, during, and after the abuse or neglect occurred. The frequency of medical evaluations and descriptiveness of resident visits can also show whether or not the resident received quality care. 

Our nursing home abuse lawyers may also work closely with expert witnesses who can compare the minimum standard of care expected with the treatment your loved one received. They’ll also review medical records to determine if they can be used as evidence in your nursing home abuse lawsuit.

Interviewing Witnesses

Interviewing witnesses can provide valuable information to your nursing home negligence case. Another nursing home resident, a family member, staff, or a medical professional can corroborate neglect. You can rely on our team to track down witnesses or other residents who can support your case.

Consulting with Experts

Expert witnesses are valuable in a nursing home abuse lawsuit, as they provide detailed information about the care that residents deserve and require. For example, expert medical providers or geriatric care specialists can provide specific information on the minimum standard of care expected in a nursing home. 

Medical experts and counselors can also speak to the emotional consequences of nursing home neglect or abuse, helping more accurately value the case. Other expert witnesses valuable in a nursing home abuse lawsuit include administrators or special care team members.

Filing a Nursing Home Abuse Lawsuit

Filing a nursing home lawsuit informs the local courts of an intent to sue. Most states have strict policies and timelines regarding nursing home abuse lawsuits. Legal assistance can ensure you protect your and your family’s right to a lawsuit.

Here are a few requirements to file a nursing home abuse lawsuit.

Drafting a Complaint

The first step in filing nursing home lawsuits is to draft a complaint. In doing this, the plaintiff officially outlines their negligent claim. 

The complaint should include an intent to pursue legal action and a list of negligent behaviors, including their consequences. It should also include damages, such as medical treatment needs or rehoming costs. This informs the defendant of a satisfactory resolution. Some negligent nursing homes may admit blame and issue payment.

However, most nursing homes deny claims or offer a nursing home abuse settlement to avoid taking the case to trial. Understanding the value of your case, including the compensable damages, can help during negotiations. Consider how much you and your family members need to cover medical bills, lost wages, moving costs, and the impact of emotional abuse.

The legal document also clearly outlines the negligent parties, which is the person or entity you plan to sue in the lawsuit. When it comes to complicated abuse, such as medical malpractice or elder abuse, it’s not always easy to determine fault. You will work closely with your lawyer to review evidence and determine who is liable for legal action.

Filing with the Court

Once the nursing home lawsuit complaint document is completed, it should be filed with the appropriate court. The case will take place where this document is filed. 

The document should also explain why the civil lawsuit was filed in that court. In most cases, a nursing home neglect lawsuit should be filed in the same county where the nursing home facility is located and where the abuse or neglect took place.

Work with a lawyer to ensure the complaint includes the necessary information and is filed correctly. Minor mistakes in filing a nursing home lawsuit can slow down the process or void your eligibility for legal action.

Serving the Defendant

After filing a complaint notice, it’s time to serve the defendant and inform them of the intent to take legal action. The negligent nursing home is notified of the lawsuit, which requires them to respond in court. At this point, avoiding further communication with the nursing home is best. Let your lawyer handle the legal process and manage all communications.

Discovery Phase

The discovery phase begins after filing an intent to sue a nursing home. Your personal injury lawyer and the negligent nursing home’s team will gather evidence during discovery. 

Your lawyer will work to prove that the nursing home failed to provide basic care to your family member, whereas the defendant may attempt to gather evidence proving the opposite. 

Here are a few essential parts of the discovery phase to expect in a nursing home lawsuit.

Interrogatories

One of the first parts of the discovery phase is interrogatories. Each party has the option to interrogate the other to gather additional evidence in nursing home lawsuits. 

The defendant most commonly uses interrogatories to understand better what evidence the plaintiff might have proving nursing home neglect. Your legal team may also ask questions of the other party to gather further evidence supporting your case.

Your lawyer should prepare you and your family for interrogatories, which are conducted under oath and can be used in court. The specific interrogatory process you can expect varies, depending on the court and state.

Questions are usually written and sent to the opposing party, and answers are also written and returned to the other legal team.

Depositions

A deposition is a sworn testimony that takes place before court. Both parties can ask questions of the other under oath, and a court reporter records all answers. Unlike during interrogation, these questions are asked and answered verbally. Each party answering questions must be sworn in under penalty of perjury.

Request for Production of Documents

Each party may officially request copies of critical documents, including nursing home policies, procedures, medical records, or staffing information. This standard part of nursing home litigation allows each party to build a case.

There is usually a timeline that requires each party to provide the requested information within a set period of time. If the defendant declines to provide certain documents, they should instead submit a written response with the reason for the declined request.

Negotiation and Settlement

Some nursing home neglect lawsuits are settled outside of court, meaning the family and the nursing facility agree without trial. Often, this involves the facility admitting they are liable for nursing home negligence and offering a settlement.

While settling a nursing home neglect lawsuit can save you money and time, ensuring the offer appropriately covers your family’s damages is important. A settled nursing home lawsuit cannot be reopened in most cases, even if your loved one’s damages exceed what was initially expected.

Choosing a legal team with good negotiation skills increases your chances of receiving maximum compensation when suing a nursing home for negligence. In nursing home lawsuits, negotiations are common, going back and forth until both parties agree.

Alternative dispute methods may sometimes be used, which include other resolution techniques, such as arbitration or mediation. During arbitration, a neutral person is tasked with listening to both arguments and evidence and deciding the outcome. In mediation, mediators are in charge of presenting creative solutions to resolution.

Trial

If the negligent nursing facility is unwilling to offer a fair settlement, taking your case to trial may make sense. Taking your nursing home neglect case to trial allows you to share evidence with a judge or jury, who then decide on a fair settlement.

Here is what you can expect from taking a nursing home abuse or neglect case to trial.

Trial Preparation

Trial preparation when suing a nursing home for negligence or abuse ensures all parties involved are prepared for the case. 

This may include discovery and interrogation, as listed above. It may also involve gathering evidence to prove elder abuse and creating a legal strategy. Your law firm will also work to prepare witnesses and opening/closing statements based on your case.

Presenting Your Case

Once a trial date is set, the case begins. Our team of experienced lawyers aims to provide the court with sufficient evidence of neglect. 

Our nursing home lawyers also have experience in trial representation for physical abuse, sexual abuse, and financial abuse. We work hard to reach a nursing home abuse settlement that appropriately covers your damages.

A nursing home abuse lawsuit is similar to a neglect case, with both aiming to seek justice and recover maximum compensation. Presenting a case with ample evidence is crucial when suing a nursing home for negligence.

Jury Verdict or Judge’s Decision

After the case’s conclusion, the judge or jury will consider the presented evidence and whether it proves nursing home negligence or abuse occurred. Then, they will present their ruling in front of the court.

In nursing home abuse lawsuits, the court will decide if the presented evidence fits the definition of abuse. Whether suing a nursing home for negligence or abuse, the outcome should be favorable to the family.

The length of time it takes to receive a jury decision varies, depending on the case details. In some nursing home abuse lawsuits, the jury may decide quickly if sufficient and clear evidence has been presented. However, some cases may take longer to determine, especially if evidence is limited.

Compensation for Damages

If your loved one was the victim of nursing home abuse or neglect, they may be left with lasting damages. When you sue a nursing home, the goal is to recover financial compensation that helps the victim and their family heal.

Calculating damages in nursing home abuse lawsuits considers the severity of the neglect and its impact on the resident. Residents with long-term consequences of neglect are likely to receive a higher settlement offer than residents with shorter-term impacts.

However, the long-term consequences of neglect aren’t as easy to predict early on, making it difficult to calculate a fair case value. This is why it is important to work with an experienced legal team that can review the case details and calculate a fair offer.

Understanding the types of damages available when suing a nursing home for negligence can also help determine a fair settlement offer. Both short- and long-term damages may be available.

Types of Damages Nursing Home Residents Can Recover

Nursing home lawsuits may include both economic and non-economic damages. Economic damages cover the financial implications of nursing home abuse or neglect. This may include medical bills, lost wages, counseling services, or any other costs related to severe injuries.

For example, the family may need to move the resident to a new care facility for safety purposes, which can be expensive. Certain injuries may require permanent rehabilitative service or devices.

In severe nursing home abuse lawsuits, a nursing home resident may lose their life due to neglect. A civil lawsuit may be filed to recover funeral expenses. A wrongful death case involving negligence can also recover the psychological impacts of the loss on the surviving family.

Non-economic damages, including psychological consequences, are available in nursing home negligence cases. A nursing home’s failure to provide adequate care to a resident can lead to emotional duress. The victim may sue the nursing home for negligence to cover pain and suffering when they file a nursing home abuse case.

The non-economic damages of a nursing home negligence lawsuit may be more challenging to prove, but they are just as crucial to your case. Make sure you work with an experienced lawyer from the Nursing Home Law Center to ensure maximum financial compensation.

Damages in a nursing home lawsuit are based on the severity of the neglect and the impact on the resident. Every case is different, so a standard settlement amount cannot be applied to all negligence lawsuits.

Consult Experts in Nursing Home Abuse Cases!

You entrust your loved one’s nursing home staff to provide adequate care and supervision on your behalf. While abuse in nursing homes is a common concern, neglect can be just as dangerous. Nursing home residents tend to have more medical/safety needs, and failing to monitor or provide access to basic needs can have life-lasting consequences.

After ensuring the safety of your loved one, it may be time to explore your legal options. While a lawsuit won’t reverse the damage they have endured, it can provide them with the resources they need moving forward.

Work with the Nursing Home Law Center to file a nursing home neglect case and recover the compensation your loved one needs to heal. Contact the Nursing Home Law Center today at (800) 926-7565 for a free consultation. You can also fill out our online form to have a nursing home abuse or neglect lawyer contact you.

With the Nursing Home Law Center representing you, you are never alone. Our compassionate team is here to help hold a negligent care facility accountable for its injustice.