Can I Sue a Nursing Home for Neglect?

Nursing home residents have rights. Some of these rights are to live in a safe environment, to have access to food and liquids, and to receive medical care and assistance when needed. However, the unfortunate reality is that not every nursing home provides these rights and meets the expectations of residents and their families.

If your loved one is being ignored or neglected by a nursing home, you may be eligible to file a lawsuit against the facility with the help of a nursing home abuse & neglect lawyer. This is not only a step to hold them accountable for their negligent actions, but it can also shine a light on how the nursing home treats its residents.

What constitutes neglect in a nursing home?

According to the National Center for Biotechnology Information (NCBI), neglect is “the refusal or failure of a caregiver to fulfill his or her obligations or duties to an older person.” If a nursing home fails to provide “services that a prudent person would deem essential for the well-being of another,” they are neglecting the resident. Neglect can look different for each person. However, it almost always indicates that an individual is being ignored, dismissed, looked over, or even abandoned. Here are a few examples of neglect in a nursing home:

• Failure to take the resident to the doctor or hospital when they become sick or hurt
• Failure to provide medications or prescriptions to the resident
• Failure to provide meals and fluids to the resident
• Failure to regularly wash and change the resident’s clothing and bedding
• Failure to bathe the resident frequently
• Failure to brush the resident’s teeth or provide oral care
• Failure to move, shift, or rotate the resident to prevent bedsores
• Failure to help the resident to the restroom or to change them if they become wet or soiled after an accident
• Failure to respond when the resident pushes the help or call button
• Failure to help residents who lack mobility get to events or activities

How do I prove negligence and liability in a nursing home neglect case?

To successfully prove negligence and liability in a nursing home neglect case, you must collect strong evidence. Below, we will go over a few ways you can collect the necessary evidence to prove negligence and liability in this type of case.

• Pay attention and look closely: When visiting your elderly loved one at a nursing home, you should look closely at everything. This will ensure that you are aware of any signs that may indicate that your loved one is being neglected. For example, by being attentive and watching closely, you may see that your loved one is in an unusually bad mood, constantly complaining to you about being hungry or thirsty, having bruises or cuts on their body, or appearing thinner than usual.
• Ask for the nursing home records: Nursing homes are required to keep notes and records anytime they do something for your loved one. For example, if they give them medicine, change their clothes, or feed them, they are required to make a note of this for their records. You can ask the nursing home for these records to see if you notice any inconsistencies or periods where your loved one went without food, liquids, medications, or a bath.
• Document everything: It is crucial to document everything you see while visiting the nursing home. For example, you may take a photo of new and unexplained wounds on your loved one’s body or record a video of your loved one’s living environment. You can also write in a notebook about any signs of neglect you noticed, such as soiled bedding, dirty clothes, floors that don’t look like they’ve been cleaned, or even medication bottles that should have already been refilled.
• Request copies of complaints and reports: You can request copies of complaints and reports that you made to the nursing home, police department, or a local ombudsman department. You can also ask if anyone else has ever filed complaints or reports regarding abuse or neglect against the same nursing home. By obtaining these reports and records, you can show that the nursing home has a history of abuse and neglect against its residents.
• Reach out to potential witnesses: You should think hard about who may have seen your elderly family member being neglected. This could be another resident, a worker, a family member, or a friend who visited. Once you have identified potential witnesses, you can ask them what they have noticed and record or write down what they say regarding the neglect or abuse.

Types of compensation you can seek for neglect-related harm

You might be able to recover compensation for the following in an abuse and neglect claim:

• Emergency room visits
• Hospitalizations
• Surgeries and procedures
• Medical devices
• Medications and prescriptions
• Physical and occupational therapy
• Psychological or counseling sessions
• Costs to move to a different nursing home facility or location
• Physical pain and discomfort
• Temporary and permanent disability
• Mental anguish
• Emotional distress
• Loss of quality of life
• Loss of enjoyment of activities
• Loss of companionship
• Funeral and burial costs if the neglect results in death

Steps to take before filing a lawsuit

Follow these five steps before filing your lawsuit:

1. Hire a lawyer: Hiring a nursing home neglect lawyer can increase your chances of winning a nursing home neglect case and obtaining compensation to cover your family member’s losses. These legal professionals will investigate the neglect that occurred, inform you and your family member of your rights, and help you pursue the best course of action to achieve the justice you deserve.
2. Check the statute of limitations: Before you file a lawsuit, you must check the statute of limitations in your area. Most deadlines are between one and two years, which means that you should not wait long to seek legal advice after discovering signs of neglect.
3. Work with your attorney to determine liability: To know who you are filing a lawsuit against, it is crucial to determine liability. Most of the time, nursing home neglect lawsuits are filed against the nursing home, but there is a possibility that multiple parties could be at fault.
4. Your attorney will identify and calculate losses: Identify as many losses as possible that your loved one has experienced due to neglect. These losses could be medical bills, rehabilitation fees, moving costs, mental and emotional trauma, and more.
5. Gather evidence with the help of your lawyer: You must have evidence to submit along with your lawsuit. Your lawyer may be able to help you retrieve certain information, documents, or records that you may be having a difficult time obtaining, such as medical records, nursing home violations or citations, and surveillance footage.

The nursing home neglect attorneys at Garcia & Artigliere are ready and available to stand up against the nursing home facility that caused your elderly loved one harm. Our team knows and understands how difficult these situations can be to grasp, which is why we can take some of the burden off your shoulders and fight for your loved one’s rights while you focus on getting them the help and treatment that they need. Call our office or submit our contact form to schedule a free case evaluation today. Our firm has locations in Phoenix, New Orleans, Long Beach, and Los Angeles.