When you entrust a loved one to a nursing home, you place immense faith in the facility and its staff. You expect them to be safe, cared for, and treated with the dignity and respect they deserve. Unfortunately, that trust is sometimes broken. Cases of abuse, neglect, and medical negligence in nursing homes are more common than many people realize. If you believe your loved one has been harmed while in a facility’s care, filing a lawsuit may be the most effective way to seek justice, hold those responsible accountable, and potentially prevent future harm to other vulnerable individuals.

Common Reasons to Sue a Nursing Home

Not every mistake or minor accident justifies a lawsuit, but some situations cross the line into abuse or negligence. Understanding the distinction and recognizing when legal action may be necessary is important. The most common grounds for suing a nursing home include:

1. Neglect of Basic Needs

Neglect can manifest in several ways, often stemming from inadequate staffing or training. When basic needs aren’t met, serious health issues can arise. Examples include:

• Malnutrition or Dehydration: Failing to provide adequate food and fluids can lead to severe weight loss, weakness, and organ dysfunction. Staff who don’t monitor residents’ eating habits, fail to provide meal assistance, or lack the resources to provide specialized diets can cause this.
• Unsanitary Conditions: A dirty and unsanitary environment can spread infections and create an unsafe living space. This includes infrequent cleaning, soiled bedding, and unsanitary bathrooms, directly impacting residents’ health and well-being.
• Untreated Infections or Pressure Ulcers (Bedsores): Residents who are immobile for extended periods are at risk of developing pressure ulcers. If staff fail to reposition residents regularly or treat existing ulcers, these can become severe infections. Similarly, failing to recognize and treat other infections promptly can lead to serious complications.

2. Medical Negligence

Medical negligence occurs when healthcare providers at the nursing home fail to provide the standard of care that a reasonably prudent professional would provide in the same or similar circumstances. Examples include:

• Medication Errors: Giving the wrong dosage, administering medication at the wrong time, or failing to provide necessary medications can have dire consequences. These errors often stem from overworked staff, inadequate training, or poor record-keeping.
• Failure to Diagnose or Treat Conditions: Delaying or failing to diagnose and treat medical conditions can lead to serious deterioration of a resident’s health. This can involve ignoring symptoms, misinterpreting test results, or simply not providing timely care.
• Inadequate Staffing or Training: When a nursing home is understaffed, the remaining staff may be overwhelmed and unable to provide the necessary level of care. Insufficient training can also lead to errors and negligence, as staff may not know how to handle specific medical situations or emergencies.

3. Physical or Emotional Abuse

Abuse can be physical or emotional, leaving lasting trauma on the victim. Examples include:

• Hitting, Restraining, or Rough Handling: Any form of physical violence or rough handling of a resident constitutes abuse. This may involve hitting, slapping, pinching, or inappropriately restraining a resident.
• Yelling, Threats, or Verbal Humiliation: Emotional abuse can be just as damaging as physical abuse. This includes yelling at residents, making threats, using derogatory language, or subjecting them to public humiliation.
• Isolation from Family or Other Residents: Intentionally isolating a resident from their family and other residents can cause emotional distress and deterioration of their mental health.

4. Sexual Abuse

Sexual abuse is any non-consensual sexual contact and is a severe form of abuse. This can involve:

• Any Non-Consensual Sexual Contact: This includes any sexual activity without the resident’s informed consent. It’s critical to note that residents with cognitive impairments may not be able to provide consent.
• Abuse by Staff, Visitors, or Other Residents: Sexual abuse can be perpetrated by staff members, visitors, or even other residents. Facilities have a duty to protect their residents from all forms of abuse.

5. Financial Exploitation

Financial exploitation involves the illegal or improper use of a resident’s funds, property, or assets. This includes:

• Unauthorized Access to Accounts: This involves stealing money from a resident’s bank account or using their credit cards without permission.
• Coercing Changes to Wills or Powers of Attorney: Pressuring a resident to change their will or power of attorney for personal gain is a severe form of financial exploitation.

If any of these issues are suspected, it’s crucial to act quickly—not only to protect your loved one but also to hold the facility accountable and prevent further harm to other residents.

Step-by-Step: Filing a Lawsuit Against a Nursing Home

Step 1: Document the Abuse or Neglect

Detailed documentation is crucial for building a strong case. This includes:

• Photographs of Injuries or Poor Conditions: Take photos of any physical injuries, as well as the environment if unsanitary conditions are a concern.
• Medical Records and Evaluations: Request copies of all medical records and evaluations related to the incidents in question.
• Notes on Behavioral Changes: Keep a journal noting any changes in your loved one’s behavior or mood.
• Witness Statements from Staff, Visitors, or Other Residents: If anyone witnessed the abuse or neglect, get their statements in writing.
• Incident Reports (if provided by the facility): Request and keep copies of any incident reports filed by the facility.

Step 2: Consult with a Nursing Home Abuse Attorney

A specialized attorney can guide you through the legal process. They will:

• Assess your case and determine if there’s legal grounds for a lawsuit.
• Explain your legal options and the potential outcomes.
• Help file complaints with agencies like Adult Protective Services (APS), the State Department of Health, and the Centers for Medicare & Medicaid Services (CMS).

Step 3: File the Lawsuit

Your attorney will file a formal complaint detailing:

• The harm caused to your loved one.
• Allegations of negligence, abuse, or wrongful death.
• The damages being sought, such as medical costs, pain and suffering, and other losses.

Step 4: Discovery and Investigation

This phase involves gathering evidence and information, including:

• Requesting internal facility records.
• Interviewing staff, supervisors, and medical professionals.
• Reviewing surveillance footage (if available).

Step 5: Settlement Negotiations or Trial

Many cases are settled out of court, but if a fair settlement isn’t reached, the case will proceed to trial.

How Long Does It Take?

Nursing home abuse lawsuits can take several months to a few years, depending on various factors.

What Can You Sue For?

Compensation may include:

• Medical expenses.
• Pain and suffering.
• Emotional distress.
• Wrongful death damages.
• Punitive damages.

Protecting Other Residents

Legal action can lead to:

• State investigations.
• Management changes.
• Increased accountability.

Free Case Review – P&P Law Firm

A skilled attorney can navigate the complexities of these cases and fight for your loved one’s rights. Don’t hesitate to seek help if you suspect abuse or neglect. Contact P&P Law Firm for a free case review and to learn more about your options.