October 21, 2025 | Nursing Home Negligence

Nursing home negligence in Nebraska and Iowa is a serious issue that affects countless families. When a loved one suffers harm due to inadequate care or abuse in a nursing home, it can be devastating both emotionally and financially. Understanding how lawyers prove negligence in these cases is crucial for families seeking justice and protection for their vulnerable relatives.

By exploring the common injuries, federal regulations, medical records, and expert testimony involved in nursing home negligence cases, you will gain a clearer picture of these complex cases. This knowledge can empower families to recognize signs of neglect and seek the appropriate legal help when needed.

Common Injuries and Complications in Nursing Homes

One of the first steps in proving nursing home negligence is identifying the types of injuries or complications that often arise due to substandard care. Among these, pressure ulcers (also known as bedsores) are the most frequent and telling example of negligence. Pressure ulcers develop when a nursing home patient is not regularly repositioned or properly cared for, leading to painful and potentially life-threatening wounds.

Other common injuries include falls, malnutrition, dehydration, infections, and improper medication management. Each of these can signal a failure on the part of the nursing home to provide adequate care. For instance, if a patient falls due to lack of supervision or assistance, it may indicate negligence in monitoring and supporting the resident’s mobility needs.

Importance of Medical Records in Proving Negligence

Medical records are the backbone of any nursing home negligence case. When a lawyer takes on such a case, the first major task is to obtain and thoroughly review the patient’s medical records from the nursing home. Depending on the length of stay and complexity of care, these records can be in the hundreds or thousands of pages.

These records provide a detailed account of the care provided, including assessments, treatment plans, nursing notes, incident reports, and more. While medical records are not always perfect—they can be incomplete or contain errors—they remain the primary evidence showing what the nursing home documented as having been done for the patient.

Federal Regulations Governing Nursing Homes

Nursing homes operate under a strict set of federal regulations that establish minimum standards of care. These regulations are a vital tool in proving negligence because they provide clear, enforceable rules that nursing homes must follow to receive Medicare and Medicaid funding.

Care requirements include:

• Comprehensive assessments of each resident’s needs
• Individualized care plans based on those assessments
• Providing necessary services to maintain or improve the resident’s health and safety
• Monitoring and documenting the resident’s condition regularly

Because these rules are federally mandated, failure to comply can result in serious consequences for nursing homes, including fines, sanctions, or loss of funding. For families and lawyers, these regulations serve as a clear benchmark against which the nursing home’s conduct can be measured.

Standard of Care

At the heart of every nursing home negligence case is the concept of the standard of care. This legal standard represents the level of care that a reasonable, prudent nursing home would provide under similar circumstances. An attorney must prove that the nursing home breached this standard, meaning they failed to provide care that meets the expected level of skill, diligence, and attention.

Expert Witnesses

Medical malpractice law, including nursing home negligence, requires expert testimony to establish whether the standard of care was breached. These experts play a crucial role by interpreting complex medical records, explaining federal regulations, and clarifying how the nursing home’s conduct deviated from accepted standards. Their testimony helps the court understand the technical aspects of care and the impact of the nursing home’s failures on the resident’s condition.

F-Tags and Surveyor Reports

F-Tags are citations issued by state or federal surveyors during inspections of nursing homes.  When surveyors from the Centers for Medicare & Medicaid Services (CMS) inspect a facility, they check compliance with regulations. If they find deficiencies, they assign F-Tags, which are specific codes that identify the particular regulation violated.

Think of F-Tags as “tickets” for failing to meet care standards. These citations highlight areas where the nursing home was not compliant and often require corrective actions. Lawyers use these F-Tags to bolster their cases by showing that regulators found the nursing home deficient in specific areas relevant to the resident’s injury.

Case Review and Litigation Process

Reviewing a nursing home negligence case is a meticulous and time-consuming process. Lawyers spend many hours combing through medical records, survey reports, care plans, and other documentation. Their goal is to pinpoint exactly where the nursing home’s care fell short and how that failure caused harm.

Key elements they look for include:

• Incomplete or incorrect Minimum Data Set assessments
• Lack of or inadequate Plan of Care tailored to the resident’s needs
• Failure to follow the Plan of Care, such as not repositioning a patient or neglecting wound care
• Evidence of falls or injuries due to insufficient supervision or assistance
• Signs of malnutrition, dehydration, or untreated infections
• Documentation errors or omissions that suggest neglect

Once sufficient evidence is gathered, the lawyer works with expert witnesses to build a compelling case demonstrating negligence. If the case proceeds to litigation, this evidence forms the foundation for seeking compensation for the injured resident or their family.

What Families Should Know and Do

If you suspect a loved one has been neglected or abused in a nursing home, it is important to act promptly. Early signs of neglect may include unexplained bruises, pressure ulcers, sudden weight loss, dehydration, or changes in behavior.

Document your observations and request access to the nursing home records related to your loved one’s care. Consulting with a lawyer who specializes in nursing home negligence can help you understand your rights and options.

Remember, nursing homes have a legal duty to provide care that meets federal standards, and failure to do so can be challenged through the legal system.

If you believe a loved one has suffered due to nursing home negligence, understanding this process can help you take the necessary steps toward holding the responsible parties accountable.

Nursing Home Negligence Cases in Nebraska and Iowa