Practice Areas / Nursing Home Neglect

Nursing Home Neglect

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When our loved ones require specialized care or care that is beyond our abilities to provide, we entrust them to those we believe can take better care of them.

We trust nursing homes to provide our loved ones with the care and support that we are not able to provide. We expect them to meet a high standard of care. It can therefore be devastating to discover that our loved ones are suffering at the very hands of those that we entrusted them to.

Common types of nursing home neglect

Nursing home negligence includes any abuses, failures or accidents by nursing home staff that result in injury to the residents of the facility. This type of negligence takes on various forms. Some of the most common forms of negligence in nursing homes include:

  • Negligent hiring of staff. The nursing home can be held liable for hiring an employee with a history of abuse when they harm a patient.

  • Failure to train or supervise staff resulting in errors that may harm residents of the facility

  • Failure to ensure that the nursing home is reasonably safe and free of hazards that could result in injuries to the staff or residents.

  • Failure to call a nurse or doctor when they are needed

  • Failing to clean the resident regularly

  • Administering the wrong medication, wrong dose or failing to administer the required medication

  • Not providing residents with adequate water or food

  • Failure to treat a resident’s illness or injuries

  • Failure to change and clean a resident’s clothes and bedding regularly

  • Not adhering to the dietary restrictions of a patient and providing them with foods that can cause them harm

  • Failure to supervise patients resulting in injuries such as falls

  • Attacking a patient

Protections that Nursing Home Residents Have

Nursing home residents have rights and protections under state and federal law. These are designed to help ensure that they are provided with a good standard of care. It is important that nursing home residents and their families are informed about their rights. They will then be better able to make decisions and protect themselves.

Some of the rights and protections that nursing home patients enjoy include the right to:

  • Exercise their basic rights as citizens of the US.

  • Be free from neglect and abuse

  • Be free from discrimination

  • Proper medical care

  • Be free from restraints

  • Be treated with respect

  • Have visitors

  • Participate in activities

  • Manage their own money

  • Have their representative notified

  • Refuse involuntary discharge or transfer

  • Privacy

  • Voice their grievances

If a nursing home is found to have violated the rights of their residents under the Nursing Home Reform Act, the state can impose penalties on the nursing home. These include monetary fines. They may also include replacement of the management at the nursing home.

How a Lawyer can Help with Nursing Home Negligence Cases

It isn’t easy to make the decision to send a loved one to a nursing home. However, we trust and believe that our loved ones will receive better care under the supervision of professionals. When you discover that your loved one is the victim of nursing home negligence, it is important to take action to not only protect your loved one but also prevent it from happening to anyone else. Holding those responsible for the negligence to account will also ensure you get justice on behalf of your loved one.

Filing lawsuit against the nursing home will help you recover financial compensation and ensure those responsible for the negligence are held accountable. An experienced attorney can help you with this. Here’s how.

  • They’ll provide you with the best strategy for your case

No two nursing home negligence or abuse cases are the same. Every case has its unique points. These will affect the approach that you take when seeking compensation for negligence. An attorney will review your case and the factors surrounding the case. They will determine the best strategy for recovering compensation and therefore improve your chances of success. They will also consider all avenues for compensation to ensure that you maximize your compensation.

  • They’ll build your case

If you want to win a nursing home negligence case, you must prove that there was negligence in the first place. You must also show that the injuries your loved one suffered were as a result of the negligence and that they could have been prevented.
Your attorney will investigate your claim and gather the evidence necessary to support your claim. They will interview witnesses and experts to build a strong argument on your behalf. You will have a better chance of recovering full and fair compensation as a result.

  • They will provide you with support and guidance 

Nursing home negligence cases can be quite sensitive. It helps to have an attorney representing you. Your attorney is not emotionally invested in the case. They will therefore provide you with an objective view of the case. With the help of your attorney, you will be better able to make decisions that will have a positive impact on the outcome of your case.

  • They will help you get just compensation

It’s not easy for someone that isn’t familiar with nursing home negligence cases to determine how much compensation is just. However, an experienced attorney can provide an approximation for the worth of your case based on their experience and knowledge of the law.
The nursing home and its insurance company will take advantage of your lack of knowledge to try and offer you a low settlement. However, an experienced attorney will not fall for their tricks or be intimidated by their threats. They will defend your right to just compensation.

  • They will represent you in court

Many nursing home negligence cases are resolved with a settlement following negotiations. However, there are some that make it all the way to trial. If your case gets to trial, your lawyer will represent you and argue your case before a judge and jury. They will fight for the best possible outcome.

Has your loved one been the victim of nursing home negligence? Contact us to consult with an experienced attorney and learn what to do next.

Let's Talk! A great way to reach us!


We Answer your questions about the law

1. What do you do when you're hurt at work?

2. What do I do if I'm involved in a car accident?

3. Who pays for the medical bills when I've been in an accident?

4. What is a Subrogation Claim?

5. What Is A Settlement?

6. Qué es el Seguro de Compensación de Trabajadores?