Nursing Home Negligence Lawyers

Nursing home negligence occurs when a facility or its staff fails to meet the appropriate standard of care expected in a long-term care setting. This can lead to harm such as untreated bedsores, malnutrition, neglect of medical needs, lack of supervision leading to falls, and emotional neglect. If a resident’s fundamental needs aren’t being met or are mishandled, it could be considered negligence.

Yes, you may be able to file a lawsuit against a nursing home for emotional abuse. Emotional abuse, such as verbal threats, humiliation, isolation, or intimidation, can cause serious psychological harm, especially in vulnerable residents. If you can demonstrate that the abuse resulted in mental anguish, anxiety, depression, or a decline in the resident’s well-being, you may have grounds for legal action. An attorney can help you gather evidence and hold the facility accountable.

If you suspect abuse or neglect, act immediately. Start by documenting any visible signs, such as bruises, sudden behavioral changes, or unsanitary living conditions. Report your concerns to the facility’s management and, if needed, to adult protective services or local authorities. Consulting an attorney who specializes in nursing home negligence can help you explore your legal options and protect your loved one’s safety.

The time limit to file a nursing home negligence claim, known as the statute of limitations, varies depending on your state’s laws and the specifics of the case. In many cases, you may have one to two years from the date the negligence occurred or was discovered. However, certain factors, like delayed injuries or mental incapacity, can affect this timeline. Because these deadlines are strict and missing them can prevent you from pursuing compensation, it’s important to speak with an attorney as soon as possible to protect your legal rights.

A nursing home negligence lawsuit can typically be filed by the victim of the abuse or neglect, a legal guardian, or a close family member—such as a spouse, child, or sibling—if the resident is unable to take legal action themselves. In cases where the victim has passed away due to negligence, the personal representative of their estate may file a wrongful death claim on behalf of surviving family members. An attorney can help determine who is eligible to file based on the circumstances and state laws. If the resident has passed away, a wrongful death claim may be appropriate.

Yes, nursing homes can be held responsible for staff misconduct. These facilities have a duty to hire qualified staff, provide adequate training, and ensure appropriate supervision. If a resident is harmed by a staff member’s negligence or abuse, and the facility failed in its oversight, the nursing home may be liable. This includes incidents like physical abuse, medication errors, and neglect of basic needs.

Victims of nursing home negligence may be eligible to recover several types of damages, depending on the severity and circumstances of the abuse or neglect. These may include compensation for medical bills, pain and suffering, emotional distress, and the cost of relocating to a safer facility. In severe cases, punitive damages may also be awarded to punish egregious misconduct. If negligence leads to a resident’s death, families may pursue wrongful death damages as well.

Yes, you can move your loved one to another facility during the legal process. In fact, it may be in their best interest to relocate them to a safer and more appropriate environment while you pursue legal action. Moving your loved one does not negatively affect your case, and ensuring their well-being should be the top priority. However, it’s a good idea to consult with your attorney before making any decisions to ensure it aligns with your legal strategy and does not interfere with evidence collection or witness testimony.