What Is Nursing Negligence?

Nursing negligence occurs when a nurse fails to provide a standard level of care that a reasonably careful nurse would provide under similar circumstances, and the failure results in injury or harm to a patient.

What constitutes nursing negligence in a nursing home?

Nursing negligence in a nursing home could be any failure on the part of nursing home staff to provide adequate care to residents, resulting in harm or injury. Here are some examples of nursing negligence:

• Emotional neglect: Ignoring residents’ emotional needs, failing to provide companionship or social interaction, or disregarding their concerns and preferences is a form of nursing negligence.
• Failure to provide proper medical care: Not conducting thorough assessments of patients’ health status, failing to follow medical treatment plans, or failing to respond appropriately to medical emergencies can lead to inappropriate diagnoses and negligent nursing care.
• Inadequate supervision: Failing to monitor residents, especially those who are at risk of falls or wandering, could lead to severe accidents and injuries and potentially put residents in harm’s way.
• Ignoring patient concerns: When a nurse disregards or dismisses a patient’s complaints, symptoms, or requests for assistance, this might result in untreated pain, discomfort, or complications.
• Malnutrition and dehydration: Failing to provide residents with proper nutrition and hydration can lead to serious health complications, including weight loss, weakness, and impaired immune function.
• Medication errors: Neglecting to administer medications as prescribed, giving residents the wrong medication, providing an incorrect dosage, or administering medications at the wrong time are all examples of errors that may constitute nursing negligence.
• Ignoring safety hazards: Nursing homes should be safe environments for residents. Neglecting to address safety hazards such as slippery floors, broken equipment, or inadequate lighting can increase the risk of accidents and put residents at risk.
• Neglecting basic patient needs: Failing to provide essential care such as help with toileting, bathing, feeding, and repositioning can lead to physical discomfort and other complications.
• Poor hygiene and personal care: Neglecting to help residents with bathing, grooming, or changing soiled clothing can lead to health issues such as infections, bedsores, or pressure ulcers, which can cause a decline in the overall well-being of residents.

Nursing negligence in a nursing home is a breach of the duty of care owed to residents. It can have serious consequences for their health and well-being. It also represents a breach of the nurse’s duty to provide competent and compassionate care to patients and can result in legal liability if it causes harm or injury.

What should I do if I suspect nursing negligence in a nursing home?

If you suspect or encounter nursing negligence in a nursing home, there are several steps you can take to address the situation:

• Document the incidents: Keep detailed records of any instances of negligence, including dates, times, and descriptions of what occurred. This documentation can serve as evidence if you need to take further action.
• Address concerns with the facility: Start by bringing your concerns to the attention of the nursing home administration or management. They may not be aware of the issues and may take steps to address them once informed.
• File a complaint: If you believe the negligence is ongoing or if your concerns are not adequately addressed by the nursing home, you can file a complaint with the appropriate regulatory agency. In the U.S., this is typically the state’s department of health or agency responsible for overseeing nursing homes. You can find the long-term care Ombudsman in your state by clicking here.
• Consider alternative care options: If you are not satisfied with the nursing home’s response to your concerns or if you believe a resident’s safety is at risk, you may need to explore alternative care options, such as transferring the resident to another facility or arranging for home care services.
• Advocate for the resident: If you are advocating on behalf of a resident who is unable to speak for themselves, ensure that their rights are protected and that their needs are being met. This may involve working with their healthcare team, family members, or legal guardians to ensure they receive appropriate care and support.
• Raise awareness: If you believe widespread issues are contributing to nursing negligence in the nursing home, consider raising awareness through media outlets, advocacy organizations, or community groups. Bringing attention to the issue may prompt action from regulatory agencies or prompt the nursing home to improve its practices.
• Seek legal advice: If the negligence has resulted in harm or injury to a resident, you may want to consult with a lawyer who specializes in nursing home abuse and neglect cases. They can advise you on your legal rights and options for seeking compensation or other remedies.

If you suspect nursing negligence, it’s important to take action promptly to prevent further harm to residents and hold the responsible parties accountable for their actions.

The nursing home abuse & neglect attorneys at Garcia & Artigliere have dedicated their careers to protecting the most vulnerable members of our society from the atrocities caused by negligence and intentional misconduct in eldercare centers, nursing homes, and assisted living facilities. We have served as counsel on behalf of clients across the country, resulting in over $3 billion in verdicts and settlements for those injured. Here’s an example of the results our attorneys obtained:

After more than eight years of hard fought litigation and initial efforts to certify a class action based on understaffing denied in arbitration, Garcia & Artigliere lawyers Stephen M. Garcia and David Medby secured a $12 million settlement against Rechnitz nursing facilities in California. As a result, the Rechnitz nursing facilities were required to increase their staffing beyond the minimum set by law to provide better care to residents of their facilities.

Our elder abuse attorneys will listen to your concerns, advise you of your options, protect your rights, and pursue the best possible outcome for your case. We work on a contingency fee basis, meaning there are no up-front costs or fees unless we obtain a settlement or award on your behalf. We are a national law firm with offices in Phoenix, Long Beach, Los Angeles, Louisville, and New Orleans. Call our offices or fill out our contact form to schedule your free case review today.