Nursing Home Abuse: Who Is Liable for Nursing Home Negligence or Injury?

Nursing homes were created to be a sanctuary for our beloved elderly. It’s supposed to be a place where they can receive the compassionate care and support they need in their golden years. However, the harsh reality is that not all care homes live up to this ideal. In fact, there are many perpetrators who are liable for nursing home negligence and abuse. This is a very common issue nationwide.

The National Center for Victims of Crime says that 15.3% of all elder abuse complaints in nursing homes are about neglect. This number shows just how prevalent this problem is in long-term care facilities. 

If you think your loved ones are suffering from neglect or abuse in their nursing homes, we’re here to help. In this blog, we’ll explore who should be liable for nursing home negligence and how you can get the justice your loved ones deserve. 

What Nursing Home Negligence Looks Like

The Centers for Disease Control and Prevention (CDC) identifies negligence as the failure to meet an older adult’s basic needs. It happens when nursing home residents do not get the proper care they need, which can result in physical and emotional suffering. 

There’s no denying that neglect can be very hard to detect, especially if the residents are suffering from memory-related diseases. However, there are several warning signs that you could look out for, such as:

• Loss or lack of mobility
• Poor hygiene
• Malnutrition
• Significant changes in personality
• New or untreated medical conditions
• Insomnia
• Dehydration

A lot of factors can cause nursing home negligence. However, they’re typically the result of facilities not staffing properly. Some facilities don’t have enough employees to accommodate all their residents. In other cases, staff members are too overworked to provide their patients with the care they need to live a healthy life. 

Neglect Vs. Abuse in Nursing Homes

Most people assume that nursing home abuse only refers to physical injuries the elderly get during their stay. When, in reality, neglect is also considered a type of abuse.

For example, if a staff member administers the wrong dosage of medication or doesn’t provide adequate food and water for a resident and their actions lead to an injury or wrongful death, it’s considered neglect. The same rule applies to accidental negligence. 

Different Types of Nursing Home Negligence

Those who are liable for nursing home negligence can do so in a variety of ways, including:

Medical Neglect

When a staff member fails to meet the health care needs of a resident, it can be considered medical neglect. Some examples of this include:

• Failing to administer their medications on time.
• Improper medical care for existing health issues.
• Not reporting signs of illnesses to resident nurses or doctors. 

If a staff member fails to move a resident suffering mobility issues regularly, leading to bed sores, they can be charged with medical neglect. The same rule applies when staff give their residents the wrong medication. 

Social/Emotional Neglect

Nursing homes are also expected to help residents make new friends and get regular social interactions. This is especially true for residents with physical or mental disabilities. These patients rely on their caregivers to move and interact with other residents.

It can be considered social or emotional neglect if they fail or prevent them from doing so. 

Other examples of social or emotional neglect in nursing homes include:

• Failing to give residents with mobility issues canes, wheelchairs, or walkers. 
• Forgetting to move residents with severe mobility or mental health issues. 
• Accidentally isolating residents with physical or mental disabilities.

Neglect of Basic Needs

If a long-term care facility fails to provide its residents with enough food, water, and a clean environment, they could suffer from malnutrition or dehydration. It’s their responsibility to ensure that they meet their residents’ basic living needs. 

Neglect of Personal Hygiene

Personal hygiene matters. It can affect an elderly’s appearance and health. At its worst, it could lead to life-threatening diseases. Examples of this type of neglect include:

• Failing to change a resident’s clothing and bedding regularly
• Not properly bathing residents
• Not checking in on residents

Can You Sue A Nursing Home?

Since there are a lot of parties involved in cases of nursing home negligence, it can be challenging to determine liability. Most people assume that these incidents should be the responsibility of the facility. However, this is not always the case.

Generally speaking, plaintiffs can only hold the nursing homes liable if: 

• There was negligent training or hiring of staff.
• They failed to monitor their staff properly.
• They failed to provide adequate security. 
• They failed to provide basic living needs.
• They failed to address medical needs.
• They imposed dangerous physical restraints on residents. 
• There was intentional abuse from staff members. 

Now, if these conditions don’t apply to your case, you can hold other parties liable, including:

• Nurses and caregivers
• Maintenance staff
• Other residents

How Much Can You Get For Suing A Nursing Home?

The compensation you’ll receive if you successfully sue a negligent nursing home varies. Each case of nursing home negligence is different, but the average settlement is around $406,000. 

How to Prove Nursing Home Negligence

Proving negligence in nursing homes can be challenging, especially without testimony from a witness. However, you can gather evidence to strengthen your claims, such as:

• Medical records
• Doctor’s notes
• Medical bills
• Surveillance footage
• Photos and videos

Although these can help you build your case, it would be best to work with a lawyer specializing in nursing home abuse. 

Building a solid case requires a meticulous investigation. Nursing home abuse lawyers will help you gather critical evidence like expert opinions and witness accounts.

Once they have all the evidence they need, they’ll carefully examine it and determine who should be liable for the abuse. It could be the nursing home, the staff members, or other third parties involved.

Nursing home abuse lawyers will also negotiate on your behalf. They’ll talk to insurance companies and their defense attorneys to try and reach a fair settlement. 

Your lawyers will ensure you get the compensation your loved ones deserve for medical costs, pain and suffering, and other damages they’ve suffered. If they can’t agree on a settlement, your lawyers will go to court and fight for your loved one’s rights. 

Ultimately, seeking the help of legal professionals will increase your chances of winning your case. 

Seek The Help of Experienced Nursing Home Abuse Lawyers

Don’t let the complexities of lawsuits stop you from getting the justice your loved ones deserve. Let Adamson Ahdoot’s team of experienced lawyers represent you. 

Adamson Ahdoot is a full-service civil litigation firm with over 100 years of combined legal experience. With our help, you can trust that the best lawyers will handle your case with the intimacy and attention to detail of a boutique firm, with the expertise of a larger one.

Adamson Ahdoot promises to guide you through this difficult time in your life. Our nursing home abuse lawyers will support you every step of the way, from gathering evidence to negotiating your claim.

We proudly serve a diverse clientele and offer free English and Spanish consultations. Call us at (800) 310-1606 and start building a robust claim today.