Nursing Home Malnutrition Lawyer

Helping Nursing Home Residents Recover Compensation for Malnutrition 

Elderly malnutrition attorney representation from the Nursing Home Law Center can help families seek justice for loved ones harmed by preventable malnourishment. 

Our dedicated legal team helps families hold responsible parties accountable through nursing home neglect cases, securing financial recovery for medical bills, emotional suffering, and other related damages.

Our experienced nursing home neglect attorneys have successfully handled numerous significant settlements and verdicts, including:

• $3,000,000 on behalf of a man admitted to a skilled nursing facility following surgery who suffered fatal complications due to severe neglect, including improper nutritional care, pressure sores, and infection.
• $2,150,000 in a case involving serious medical neglect where facility staff allowed the resident to suffer severe infection and malnutrition, contributing to sepsis and death.
• $1,700,000 after a resident sustained a severe hip fracture and subdural hematoma in a preventable fall due to inadequate supervision and safety protocols.
• $1,500,000 recovery for the family of a dementia patient who accessed and ingested toxic chemicals in an unsecured area of a care facility, resulting in severe injury and death.
• $1,250,000 after nursing staff failed to follow required dietary restrictions and provide adequate monitoring for a resident, resulting in a fatal choking incident.
• $735,000 for a resident who experienced a preventable fall from a wheelchair left unattended by facility staff, leading to significant bone fractures and ongoing medical complications.

If your loved one suffered malnutrition due to neglect in a nursing home or assisted living facility, contact our law firm for a free consultation. Our skilled lawyers will assist you in seeking justice and compensation from the nursing home responsible for their injuries.

Signs and Symptoms of Malnutrition

Learning how to recognize the signs and symptoms of malnutrition can help families keep their loved ones safe from nursing home neglect. Signs of malnutrition might include physical or behavioral indicators, including the following:

• Unexplained weight loss
• Chronic fatigue
• Muscle weakness
• Brittle hair and nails
• Dry skin
• Delayed wound healing
• Lower appetite
• Decreased urine output
• Mental fog or confusion
• Irritability
• Depression
• Apathy

In many cases, deficiencies like malnutrition and dehydration are visible based on a patient’s physical appearance. If you suspect your loved one may not receive adequate nutrition while in the care of a nursing home, it’s essential to take action promptly. Take them to a trusted medical provider for a physical evaluation.

Common Causes of Malnutrition in Nursing Homes & Assisted Living Facilities 

Families rely on living facilities to properly care for loved ones by ensuring elderly patients have sufficient food and access to proper medical care. Yet, many nursing home residents suffer from preventable malnutrition. Nursing home neglect and inadequate attention to residents’ nutritional needs are often at the root of elderly malnutrition cases.

Understaffing

Nursing homes with inadequate staffing often fail to properly monitor and assist residents at mealtimes. Without sufficient, attentive staff, nursing home patients may struggle to eat independently, increasing the risk of poor nutrition and significant weight loss. 

Lack of Training

Nursing home neglect cases frequently involve poorly trained staff who don’t recognize or respond appropriately to symptoms of malnutrition. Medical professionals and caregivers require ongoing training on topics such as nutritional monitoring, patient feeding assistance, and managing special dietary needs.

Dysphagia (Difficulty Swallowing)

Difficulty swallowing can prevent residents from obtaining adequate nutrition. Without proper supervision, patients struggling with swallowing disorders may experience malnutrition and other related health conditions. Nursing homes have a duty to identify and manage dysphagia symptoms proactively.

Oral Health Issues

Residents experiencing oral health problems such as tooth decay, ill-fitting dentures, or mouth pain might avoid eating, leading to malnutrition. Nursing home staff must routinely check residents’ oral health and facilitate necessary treatments.

Medication Side Effects and Underlying Conditions

Certain medications and underlying medical conditions may decrease appetite or impact residents’ ability to eat. Failure of staff to monitor and address adverse effects, including food and drug interactions, can worsen malnutrition.

The Severe Consequences of Elder Malnutrition

Malnutrition among elderly nursing home residents can have devastating, life-altering effects. When nursing homes fail to ensure residents receive adequate nutrition, the result can be severe physical, emotional, and financial harm.

Common consequences of elderly malnutrition include:

• Significant weight loss, weakening muscles, bones, and overall health
• Increased vulnerability to infections and illnesses due to compromised immunity
• Worsened cognitive functioning and confusion, potentially leading to dementia-like symptoms
• Increased risk of falls and fractures resulting from muscle weakness and frailty
• Aggravation of existing health conditions and decreased response to medical treatments
• Physical harm, such as difficulty swallowing, oral health issues, and persistent weakness
• Increased medical interventions, hospitalizations, and ongoing medical expenses
• Emotional distress and suffering for the resident and their loved ones
• In severe cases, malnutrition can result in premature death, leading to a potential wrongful death claim

Nursing Homes’ Duty to Prevent Malnutrition 

Federal regulations clearly outline a nursing home’s responsibility to prevent malnutrition and provide proper dietary care to all residents. 

Under 42 CFR §483.60, nursing facilities participating in Medicare and Medicaid programs must ensure that each resident maintains acceptable nutritional status, including body weight and protein levels, unless their clinical condition demonstrates that this is not possible. Facilities must also provide meals tailored to meet each resident’s nutritional and special dietary needs. 

Additionally, the Nursing Home Reform Act of 1987 mandates that residents have the right to receive adequate nutrition and proper care that meets their unique dietary needs. Nursing homes must regularly assess and update individualized care plans, including nutrition management and interventions to prevent weight loss and malnutrition.

Elderly Malnutrition Treatment

Nursing homes have a legal duty to prevent and treat elderly malnutrition by ensuring residents receive adequate nutrition and proper medical care. 

Treatment includes regular nutritional assessments, specialized diets for underlying medical conditions, and assistance for those with difficulty swallowing or oral health issues. Facilities must also monitor food and medication interactions and provide proper hydration to prevent further complications. 

When a nursing home fails to meet these responsibilities, residents can suffer serious injury, leading to increased medical expenses, prolonged suffering, or even death. 

Proving Liability in Nursing Home Malnutrition Cases

To establish legal liability in a nursing home malnutrition case, four key elements must be proven: 

1. Duty of Care: The nursing home had a legal duty to ensure residents received adequate nutrition and proper medical attention.
2. Breach of Duty: The nursing home failed to provide necessary care, such as failing to monitor meals, address difficulty swallowing, or respond to significant weight loss.
3. Causation: The facility’s neglect directly caused dehydration and malnutrition, leading to serious injury, worsened health conditions, or death.
4. Damages: The resident suffered physical harm, medical expenses, pain, suffering, or wrongful death due to the facility’s negligence.

Nursing Home Malnutrition FAQs

What is malnutrition?

Malnutrition occurs when the body does not receive proper nutrition, either due to insufficient food intake, poor nutrient absorption, or an unbalanced diet. The primary types of malnutrition affecting elderly individuals in nursing home neglect cases include:

• Undernutrition (Protein-Energy Malnutrition): A severe lack of calories and protein leading to significant weight loss, muscle wasting, weakened immune systems, and frailty.
• Micronutrient Deficiencies: Inadequate intake of essential vitamins and minerals, such as iron, vitamin D, or B12, causing oral health issues, brittle bones, and cognitive decline.
• Cachexia (Wasting Syndrome): Rapid, unintentional weight loss associated with chronic illnesses like cancer or dementia, leading to extreme weakness and deteriorating health.
• Dehydration-Related Malnutrition: While chronic dehydration is distinct from malnutrition, it often worsens its effects, causing decreased urine output, confusion, and severe dehydration.

Can you sue a nursing home for malnutrition? 

When a nursing home patient suffers malnutrition or dehydration, legal liability may be sought through one of the following case types:

• Negligence Claim: A personal injury or negligence claim aims to seek compensation from the responsible party when neglect leads to injury. Our law firm will investigate and build your claim, proving the nursing home staff or facility is responsible for failing to prevent dehydration or malnutrition.
• Medical Malpractice: Nursing home neglect cases can also be based on medical malpractice. Medical professionals who fail to consider and treat health conditions in a timely manner or who ignore food and medication interactions could be liable in nursing home abuse lawsuits for medical malpractice.
• Wrongful Death: Not only can malnutrition or dehydration lead to serious injury, but it could even lead to a loss of life. Family members may be eligible to file a wrongful death claim against the liable nursing home if severe dehydration or malnutrition causes death.

Our law firm works hard to seek justice for nursing home abuse or neglect. Our experienced nursing home abuse lawyers offer a free consultation so you can explore your legal options without any obligation.

What kind of compensation is awarded in nursing home malnutrition cases?

When a nursing home fails to provide adequate nutrition, residents can suffer severe health consequences, leading to both financial and emotional hardships. Families may be entitled to financial compensation for various economic and non-economic damages, including:

• Medical Expenses: Covers hospitalizations, treatments for underlying medical conditions, rehabilitation, and nutritionist services.
• Long-Term Care Costs: Some residents require ongoing care or transfers to better-equipped living facilities after suffering malnutrition.
• Pain and Suffering: Residents often experience physical weakness, emotional distress, and reduced quality of life due to elder neglect.
• Exacerbation of Health Conditions: Malnutrition can worsen health conditions, making recovery more difficult.
• Punitive Damages: In cases of extreme nursing home neglect, a facility may be ordered to pay additional damages as punishment for gross misconduct.

Who can file a nursing home malnourishment lawsuit? 

A nursing home malnutrition lawsuit can be filed by the affected nursing home resident, their family members, or a legal representative acting on their behalf. If the malnutrition led to a resident’s death, the estate may pursue a wrongful death claim.

The statute of limitations for filing a lawsuit varies by state, typically ranging from one to three years from the date of injury or discovery of neglect. Failing to file within this period may forfeit your right to seek compensation. 

What should I do if I suspect elder malnourishment in a nursing home? 

If you suspect elder malnutrition in a nursing home, take immediate action to protect your loved one and hold the facility accountable. 

Start by speaking with nursing home staff or administrators to express your concerns and request a medical evaluation. Document any signs of significant weight loss, difficulty swallowing, or other symptoms, and obtain medical records if possible.

You can also report the neglect to state and federal authorities:

• The State Survey Agency / Department of Health oversees complaints against nursing home facilities and ensures compliance with care standards. 
• The Long-Term Care Ombudsman advocates for residents’ rights and investigates care complaints. 
• Adult Protective Services (APS) handles cases of elder abuse, neglect, and exploitation.
• You can also file a complaint with the Centers for Medicare & Medicaid Services (CMS) which regulates federally funded nursing home facilities and enforces care standards

If nursing home malnutrition has caused harm, consulting a law firm can help you seek justice and hold responsible parties accountable. A free consultation with a neglect attorney can provide guidance on your legal options and help you recover compensation for your loved one’s suffering.

Consult an Elderly Malnutrition Lawyer Today! 

When it comes to malnutrition and dehydration in a nursing home setting, you need an experienced legal team that specializes in abuse or neglect. Our legal team is committed to seeking justice for our community’s most vulnerable members who have suffered malnutrition.

Whether your loved one suffered malnutrition due to inadequate staffing or intentional elder abuse, you deserve payment for any associated costs. While compensation may not right the wrong of improper nursing home resident treatment, it can provide your loved one with the resources they need to better manage recovery.

Contact the Nursing Home Law Center today at (800) 926-7565. You can also fill out our online form to have one of our nursing home abuse lawyers reach out to you.