Nursing Home Neglect Lawyer

Expert Legal Counsel for Victims of Neglect in Nursing Homes 

A nursing home is supposed to be a safe environment for elderly individuals with consistent care needs. Rather than living at home and having medical services come to them, an older adult can move into an assisted living facility and have 24/7 access to necessary services. 

Many nursing homes also provide amenities like social activities, basic living assistance, comfortable accommodations, and a community of other residents in similar life stages. 

The unfortunate reality is that facilities can fall below the expected standard of care. Nursing homes nationwide face extreme challenges with negligent staff, resulting in inadequate care services for some residents. Whether nursing home neglect is affecting you or a loved one in a skilled nursing facility, it is essential to take action to correct the behavior and hold institutions accountable. 

Nursing Home Neglect Settlements

Settlement amounts in neglect cases can vary widely, depending on the situation. Below are a few examples of nursing home settlements we’ve obtained:

$735,000: A patient was left unsupervised in a wheelchair and fell. She sustained a broken leg as well as lumbar and cervical spine compression fractures.

$1,095,000: A 62-year-old woman, admitted to a nursing facility for hip surgery rehab, developed serious bedsores after staff failed to follow the doctor’s orders for bed-rest intervals. Multiple debridements and a flap-reconstruction procedure were required to treat the sores.

$750,000: A 76-year-old man dependent on a wheelchair fell down the front steps of the nursing home when staff neglected to lock his chair’s wheels. He suffered facial fractures and a subdural hematoma due to the accident.

$395,000: Staff at a national chain nursing home facility failed to prevent bedsores and did not inform the patient’s family. The sores became so severe that the man died from sepsis within a month of developing the initial wound.

$1,833,333: An older resident at a care facility suffered burns from extremely hot water while under the facility’s care. 

If you suspect a loved one has suffered nursing home neglect, consider consulting an attorney to learn about your legal options.

What is Nursing Home Neglect?

Nursing home neglect is a form of elder abuse where caregivers or administrative staff members fail to provide basic necessities and care to nursing home residents. As a result, the patient suffers some type of harm, which could be physical, emotional, financial, or mental. 

This type of nursing home abuse is not the same as intentional abuse, which usually involves physical force, threats, unwanted sexual advances, or financial exploitation. 

Various forms of neglect in a nursing home can be intentional or unintentional. While the negligent individual may not be causing direct physical harm to the resident, their actions or inactions put the victim in danger and compromise their physical and mental health. 

Examples of Neglect in Nursing Homes 

Neglect in nursing homes can endanger vulnerable residents. Below are several warning signs that a facility is not providing proper care:

Failing to Seek Medical Attention Promptly 

When nursing home employees do not call a doctor or nurse at the first sign of illness or injury, it can be viewed as medical neglect. 

This can be especially problematic for residents who are unable to communicate effectively or those with Alzheimer’s Disease who may not remember what’s going on all the time. Delayed care can significantly impact recovery and overall health outcomes. 

Ignoring Injuries or Medical Conditions  

Staff may fail to monitor or treat problems, which can turn minor issues into significant ones. Untreated conditions, like bedsores, can lead to infections and become life-threatening. This is a definite warning sign of medical neglect or abuse.  

Leaving Residents Unattended for Long Periods 

Some facilities confine older adults to their rooms without help or supervision for extended periods of time. These individuals may miss meals, bathing, or medications, increasing the risk of injuries and illnesses occurring. Prolonged isolation can also negatively impact their mental health and emotional well-being. 

Another problem with leaving residents unattended is the possibility of elopement. This is particularly risky for residents with Alzheimer’s Disease, who may wander off and not know how to get back.  

Poor Hygiene and Sanitation  

If you find your loved one in dirty clothes or sleeping in soiled linens, it’s a red flag that they’re not receiving proper care. This kind of environment sets the stage for more severe health issues, such as skin infections or respiratory problems, which can cause rapid decline without appropriate intervention.

Inadequate Nutrition and Hydration 

Some nursing homes do not provide consistent, healthy meals or enough water to meet dietary standards. If a loved one is visibly losing weight or feeling dehydrated, it’s important to get them help as soon as possible. Malnutrition and dehydration can compromise their overall health and immune system.

Ignoring Mobility Needs 

Many residents require assistance walking or need help getting into and out of wheelchairs. When a facility fails to provide patients with the services necessary to move safely, falls or other severe accidents become more likely. Helping residents stay mobile is essential not only for preventing injuries but also for maintaining physical strength and independence.  

Insufficient Monitoring of Medications 

For older adults who regularly take prescription drugs, missing doses or taking the wrong medication can have serious consequences. Staff members in these facilities must keep track of medication. Proper medication management can prevent complications and ensure that residents’ chronic conditions are effectively controlled. Medication errors can be deadly.

If you notice these or other warning signs, speaking with an attorney can help you learn about your options for holding the facility accountable.  

Why is Neglect a Serious Problem? 

Elder neglect is a serious problem in assisted living facilities nationwide. The issue is widespread, with thousands of complaints and lawsuits yearly against institutions for nursing home neglect. 

Nursing home abuse statistics by the National Center on Elder Abuse report that roughly 11.6% of all nursing home abuse cases involve negligent behavior, and the National Institute on Aging (NIA) states that hundreds of thousands of elderly Americans suffer abuse each year. 

According to The World Health Organization (WHO), 2 out of 3 nursing home staff members even admitted to committing some type of nursing home abuse within the last year.  

One of the reasons nursing home neglect is so prevalent is due to the vulnerability of older adults. Many of them are facing mental illness, cognitive impairment, or physical decline, making them easier targets of mistreatment. The impact of nursing home abuse and neglect can be devastating, causing injuries, infections, worsening conditions, or death.  

Types of Nursing Home Neglect

Nursing home neglect can harm residents in many ways. If you have a loved one staying in a nursing home, it is important to understand how nursing home neglect can manifest. Here are a few examples of nursing homes falling below professional standards of care.   

Basic Needs Neglect

Nursing facility residents typically need assistance with their basic needs. That includes nutrition, hydration, hygiene, shelter, and safety. When these needs aren’t met, it may be considered nursing home abuse and neglect. 

Poor diets can cause malnutrition, dehydration, significant weight loss, weakened immune systems, and other health complications. If hygiene and sanitation are not prioritized for residents, they could fall victim to infections, which can turn deadly in some cases. 

Every nursing home resident has the right to feel safe in their environment. Unclean accommodations, uncomfortable room temperatures, or no protection from physical hazards could lead to significant harm. 

Medical Neglect 

A nursing home’s primary focus is providing medical care services to each resident. Neglecting these needs could quickly turn a positive experience into a miserable or dangerous situation. 

Medication errors, such as missed doses, incorrect dosages, or administering the wrong drugs, often occur due to laziness or poor communication. Nurses and physicians may fail to treat medical conditions by delaying or denying treatment, leading to a worsening condition. 

Personal Care Neglect   

When the nursing home is functioning properly, staff members provide personal care assistance to residents. This includes assistance with bathing, grooming, using the toilet, dressing, and moving around.

Severe nursing home neglect in these areas can have both physical and mental consequences. The resident may feel disrespected by staff members, losing touch with their dignity.  Additionally, their hygiene could suffer, exposing them to health conditions. 

Social and Emotional Neglect 

Not all forms of nursing home abuse and neglect are physical. Some negligent behaviors affect the social and emotional state of the resident. The staff members may purposely or accidentally isolate a resident from others at the nursing home, creating a lack of social interaction. 

Preventing visits from family members or participation in social activities will reduce the resident’s emotional support and engagement opportunities. These negligent behaviors pose significant risks to the mental well-being of the resident.  

Signs and Symptoms of Nursing Home Neglect

Recognizing the signs of nursing home neglect is essential to protecting loved ones and ensuring they receive proper care. Neglect can take many forms and sometimes be confusing to spot. 

However, there are certain symptoms that could be an indication that residents’ basic needs are not being met at the nursing home. Below are some common signs of neglect and what they might suggest about the care provided.

Dehydration 

Residents at nursing homes who are not given enough fluids may show symptoms like fatigue, irritability, dry skin, or confusion. This often occurs when nursing homes fail to monitor hydration levels, especially in understaffed facilities. 

Loss or Lack of Mobility 

Prolonged periods in bed or a wheelchair without repositioning can lead to muscle weakness, reduced mobility, and even serious pressure sores. Neglect like this at a nursing home deprives residents of the activity they need to maintain their physical health.

Poor Personal Hygiene  

Residents at a nursing home who rely on staff for bathing, dental care, and other personal hygiene needs may be left dirty or improperly groomed. Short-staffed nursing homes frequently overlook these basic personal hygiene responsibilities, which can lead to infections and discomfort.  

Psychological Issues 

Emotional neglect in a nursing home can have lasting effects, such as anxiety, depression, withdrawal, or even fear of caregivers. A resident may stop participating in social activities or avoid interacting with staff and family members, which can indicate psychological harm.

Sudden Weight Loss 

When adequate nutrition is not provided at the nursing home, residents can experience rapid and unhealthy weight loss. This may happen because they are not getting enough food or because their dietary needs are being ignored. 

Unexplained Injuries or Bruises 

Injuries like bruises, broken bones, or falls could be a warning sign of a lack of supervision at the nursing home. Additionally, some incidents may not be reported or properly addressed, leaving residents at risk of further harm.

Unsanitary Living Conditions 

Clean clothing, fresh bedding, and pest-free environments are basic standards of care. Persistent dirt, mold, or evidence of infestations are clear indicators of neglect and can contribute to severe health problems. 

These signs should never be ignored. If you notice any of them, it may be time to take action to protect your loved one.  

Causes and Contributing Factors to Nursing Home Abuse or Neglect  

Reporting nursing home neglect is the most effective way to fight the epidemic of elder abuse. The other solution is determining the root causes of the issue. Addressing the contributing factors makes it easier to target the causes and protect all nursing facility residents. Here are some of the most common causes of nursing home neglect.     

Understaffing 

Staffing is a significant challenge for nursing homes nationwide. The older population is increasing, especially with the amount of baby boomers continuing to age. As a result, the need for healthcare professionals in skilled nursing facilities is growing. 

Widespread staffing shortages are causing overworked and overwhelmed caregivers to provide less quality care than is expected. 

Inadequate Training

Quality is just as important as quantity in terms of nursing home staff. There is a need for more appropriately trained nurses, nursing assistants, and other professionals serving in nursing homes. Unfortunately, many long-term care facilities struggle with providing sufficient training due to budget constraints and staffing shortages. 

Lack of Oversight and Accountability

Nursing home workers and facilities require oversight to be effective. When a facility fails and harms residents, management must step in to correct the issues. 

Unfortunately, state agencies and federal government entities, such as the Centers for Medicare and Medicaid Services, do not have the resources to oversee all facilities efficiently. 

Additionally, large parent companies may own and operate multiple nursing homes, making it difficult for them to provide proper oversight. This lack of accountability can lead to neglect and abuse of residents.  

Cost-Cutting Measures  

This problem is one of the most egregious causes of nursing home abuse and neglect. Many nursing homes and parent companies prioritize profits over quality care. As a result, they will cut costs for staffing, equipment, and other areas that help prevent instances of nursing home abuse.  

In many cases, these issues are unknown to residents and their families. Patients are at the mercy of the administrators in these scenarios, and many of the problems occur behind the scenes. When nursing homes cut corners to save money, it paves the way for individuals to get away with physical abuse, sexual abuse, psychological abuse, financial abuse, and neglect. 

Anyone who needs more information about nursing homes and how to choose the right nursing home can look at ratings from CMS and also use the resources provided by The US Department of Health and Human Services (HHS). 

Taking Action Against Nursing Home Abuse and Neglect

The best way to hold these institutions accountable for failing to care for residents is with a nursing home abuse lawsuit. Senior patients and their families can sue nursing homes for legal damages to seek justice and pursue financial compensation. 

However, taking legal action can be overwhelming and intimidating, especially when going up against an institution with vast resources. Here are a few considerations if you want to file a lawsuit for nursing home abuse or nursing home neglect. 

Reporting Suspected Neglect

Reporting suspected neglect is an essential step in protecting your loved one and other residents, ensuring they receive the care they deserve. Victims of neglect in nursing homes or long-term care facilities may be unable or too afraid to speak up, which is why it is important for others to act when they notice signs of mistreatment. 

Timely reporting not only helps safeguard the well-being of residents but also holds providers accountable for their actions. There are several ways to report neglect, depending on the urgency and nature of the situation.

Local Law Enforcement (Dial 911 in an Emergency)

If someone is in immediate danger due to neglect, contacting local law enforcement should be the first step. Police or paramedics can intervene to remove the resident from a dangerous situation and transport them to safety. 

Law enforcement can also initiate a criminal investigation to determine whether any laws were violated by the nursing home or its staff. Calingl 911 ensures that emergency responders are dispatched quickly to the scene. This should be done right away if there is an emergency. 

National Adult Protective Services Association (NAPSA)

For non-urgent cases, NAPSA provides support and assistance in situations involving neglect. NAPSA agents can conduct welfare checks to assess the well-being of a resident in a nursing home. Based on their findings, they may recommend next steps to address the issue, ensuring the individual receives appropriate care and support.

NAPSA is often a trusted resource for handling ongoing concerns about neglect in a professional and thorough manner. 

Long-Term Care Ombudsman

The Long-Term Care Ombudsman serves as an advocate for those residing in nursing homes or similar facilities. This office investigates complaints, addresses specific concerns, and provides guidance in navigating legal or regulatory options when nursing home neglect is suspected.

The Ombudsman can also work directly with nursing homes to resolve issues while prioritizing the resident’s well-being. Reaching out to this resource ensures that victims’ voices are heard, even if they cannot advocate for themselves.

Recognizing and reporting nursing home neglect is an important step toward creating a safer and more compassionate environment for those in long-term care.

Seeking Legal Help 

When you pursue legal action for nursing home abuse, it is best to seek assistance from professionals. Nursing home abuse lawyers specialize in supporting victims of elder abuse and neglect in these facilities.  

They will investigate your case, assess legal damages, gather evidence to support your claim, negotiate for fair financial compensation, and even represent you in court if it comes to that. 

The right law firm will be familiar with state and federal regulations on the nursing facility industry, such as the Nursing Home Reform Act. They should also have experience obtaining settlements for victims of nursing home abuse and nursing home neglect. With an accomplished lawyer, your rights and well-being will be protected as you pursue justice.   

Preventing Nursing Home Neglect

Preventing neglect in nursing homes is an essential step toward ensuring the safety and well-being of your loved ones. Taking proactive measures can make a significant difference in reducing risks and addressing potential concerns before they escalate. Below are some practical ways you can help prevent nursing home neglect: 

Carefully Review Nursing Home Facilities 

Choosing the right nursing home plays a major role in preventing nursing home neglect. A detailed evaluation of nursing home options can help ensure your loved one receives the best care available.   

• Research factors like staffing levels, cleanliness, and the quality of the nursing home’s environment. 
• Use trusted resources, such as the Centers for Medicare and Medicaid Services’ (CMS) Nursing Home Care Compare tool or rankings from U.S. News & World Report. 
• Read online reviews, but also speak directly with current residents and their families to gain insight into the care provided.  

Believe Loved Ones 

It’s important to listen and believe your loved ones if they express concerns about their care. Their perspective is essential, and even minor complaints may lead you to uncover deeper issues at the facility. 

• Take all complaints of nursing home neglect seriously, even if they seem minor at first. 
• Investigate any issues thoroughly to ensure they are addressed. 
• Encourage open and honest communication so your loved one feels safe sharing their experiences without judgment or fear of retaliation. 

Regularly Contacting Family Members in Care Facilities  

Maintaining consistent communication with your loved one is one of the best ways to monitor their well-being and detect any concerning changes. Frequent interaction strengthens emotional bonds and creates opportunities for open and honest conversations about any issues they’re facing in the nursing home.   

• Frequent in-person visits can help you notice and address potential issues as they arise. 
• If visiting in person is not feasible, stay in touch through phone calls, video chats, or even letters to maintain a connection and assess their state of mind. 

Watch for Signs of Nursing Home Neglect or Elder Abuse  

Being vigilant about your loved one’s condition can help you spot problems before they worsen. Early detection of potential signs can prevent physical harm and ensure quick action. Some signs are more subtle than you might think, so it’s important to educate yourself. 

• Stay informed about common signs of nursing home neglect or abuse, such as changes in appearance, behavior, or unexplained injuries. 
• If you notice concerning signs, take immediate action by addressing them with the nursing home or contacting authorities if necessary.  
• Keep in mind that there are legal time limits (statutes of limitations) for filing abuse or neglect claims, so act without delay.  

Establish a Strong Support Network 

Having a reliable and proactive support network is crucial when it comes to ensuring quality care for your loved one in a nursing home. This network can help identify nursing home neglect and abuse issues early and provide ongoing support. 

• Attend care planning meetings regularly to stay informed about your loved one’s health and care schedule. This also allows you to voice concerns about any possible nursing home neglect.
• Build relationships with staff at the nursing home, encouraging open communication and transparency about your loved one’s daily needs and progress. 
• Connect with other families who have loved ones in the same nursing home. Building strong relationships with these families can create a mutually beneficial support system. They can keep an eye on your loved one when you are unavailable and notify you about any nursing home neglect concerns they may observe.  

Take Legal Action if Necessary 

If you suspect or uncover nursing home neglect, it’s important to take steps to protect your loved one and other residents. Legal action can protect your loved one but also help prevent similar issues for others in the future.   

• Consult with an experienced nursing home abuse attorney who can guide you through the legal steps. 
• Act quickly to ensure your loved one is safe and to hold nursing homes accountable for their nursing home neglect. 

Taking these steps can help reduce the risks of nursing home neglect and create a safer environment for vulnerable individuals. 

Secure Expert Legal Counsel From Our Law Firm!  

The Nursing Home Law Center is the firm you need for your nursing home abuse lawsuit. Our team knows what it takes to pursue damages on behalf of residents who have suffered nursing home neglect, physical harm, financial exploitation, or emotional elder abuse.  

Many nursing home residents have secured compensation for their suffering with our help, and we are ready to dedicate our efforts to your cause. 

Contact our office today at 800-926-7565 or complete the online form to request a free case review with an experienced nursing home neglect attorney.