Deciding to put a loved one into a nursing home is a big, and often complex decision. In the majority of cases, it’s the right decision. That doesn’t make it easier.
Before you choose one, you’re likely to have spent a lot of time investigating the nursing homes in your area. That makes it particularly hard when you discover, or even suspect, abuse or neglect is happening.
The Difference Between Neglect and Abuse
Abuse and neglect in nursing homes have become a serious issue. In 2023 there were 94,499 health citations raised against nursing homes. Approximately 7,600 of these were related to abuse and neglect.
Anything detrimental to the resident’s welfare can be construed as abuse or neglect. For example, causing injury, confining someone unreasonably, intimidating them mentally or physically, or causing any type of emotional or physical pain.
It’s defined as abuse when the actions are deliberate. Neglect is when the injury occurs because the nursing home has failed to maintain the necessary standard of care. This can range from poor cleanliness causing infections to slips due to slippery floors or obstacles and an inadequate support system.
In both cases, you have the right to bring a lawsuit against the nursing home. The first thing you need to do is hire a nursing home abuse lawyer; they can help you navigate this tricky legal path.
It’s no different from having a car accident; to maximize the chances of success, you need to know how to file a motor accident claim and get a suitable lawyer.
Who Has the Right to Sue?
The law requires you to have legal standing. In most cases, this means the resident is the one who needs to sue; you can’t bring a case on their behalf.
Of course, if your loved one is incapacitated and you have power of attorney, you can sue on their behalf.
Who Do You Sue?
Your abuse lawyer will help you decide this. There are several options; the right one will depend on how the neglect occurred.
Most neglect cases involve suing the company that owns/operates/runs the nursing home. It is they who have failed to maintain standards of care.
In abuse cases, it can also be the owner. However, you may also wish to sue the member of staff who directly caused the injuries.
In some cases, the nursing home administrators and supervisors can be targeted.
Types of Lawsuit
The most common nursing home lawsuit is negligence. For you to win this in court, you need to prove four things:
- You were a resident and entitled to a certain level of care
- The nursing home failed in its duty and didn’t provide the required standard of care
- This failure of duty directly caused your injuries
- You have experienced harm, and this has resulted in financial loss. That’s what you’re seeking compensation for.
In some cases, a medical malpractice lawsuit may be a better option. This applies if you were supposed to receive a certain standard of medical treatment, and the home failed to provide it.
Other lawsuits that your lawyer may recommend include:
Breach of Contract
If you have a contract with the nursing home and this specifies the level of care to be given, and they fail to provide this level of care, you can sue for breach of contract.
Wrongful Death
If the resident has sadly died from the neglect or abuse, the family is able to sue to recover compensation for suffering and pain before the loved one passed. This is added to the deceased’s estate. If this is the case, it would be useful to have an experienced estate lawyer involved.
Getting Ready for a Lawsuit
To win your case in court, you need as much evidence as possible. From the moment you become aware of the issue, you should document everything that happens, including conversations with the management and the results of those conversations.
Your lawyer will handle the majority of the paperwork. They are likely to track down medical records, any video footage, and anything else that could help prove your case. You can help by assembling the following:
- Medical records
- Any videos or photos you have of the neglect
- Written documentation of each incident
- Copies of all communications with the nursing home
- Any other documents you can think of that may help
The lawyer can use this to assess the strength of your case and which type of lawsuit to file.
Costs of Legal Action
In most cases the lawyer will only ask for a minimal payment up front. The bulk of it will come from a successful settlement. That means you can afford to take legal action, and your lawyer is very incentivized to win.
Summing Up
While no one wants or expects to deal with a nursing home neglect case, you’re not alone. Thousands of cases are successfully prosecuted every year. All you need is a little help from the right nursing home neglect and abuse lawyer.
