Can You Sue a Nursing Home for Elder Neglect? 

When your loved one moves into a nursing home, you expect them to receive the same level of care you would provide them. Unfortunately, however, nursing home neglect is more common than many people realize. Understaffing, lack of training, and low standards for staff mean that residents in nursing homes often do not receive the necessary care, causing their health to decline.

If you suspect that your loved one has suffered elder neglect in a nursing home, you may be exploring your options. Can you sue a nursing home for neglect? Let an experienced attorney from Dellacona Law Firm assess your case and help you understand your legal options.

Grounds for a Nursing Home Neglect Lawsuit

Nursing home neglect is a type of personal injury case. To have a case against a nursing home, you would generally need to establish the following criteria, which are the same for other personal injury cases:

• The nursing home owed you a duty of care.
• The nursing home breached the duty of care.
• Your loved one suffered injuries or other damages due to the breach.

Nursing home neglect cases can involve both physical and emotional damages. A nursing home resident might experience deteriorating health due to inadequate care. They might also be subjected to trauma, stress, anxiety, or other emotional harm.

Examples of Elder Neglect That May Be Grounds for a Negligence Lawsuit

Nursing home staff generally owe a duty of care to their residents. They might breach that duty of care in any of these scenarios:

• Failure to provide proper nutrition or hydration
• Failure to assist with hygiene
• Lack of regular movement, leading to bed sores or other skin issues
• Failure to prevent falls
• Improper medication management
• Failure to promptly treat medical conditions
• Lack of supervision
• Failure to address complaints
• Neglect of social needs

Showing that the nursing home failed to take adequate care of your loved one is an important step in suing the nursing home for neglect.

Establishing Damages in a Nursing Home Negligence Case

Part of proving nursing home neglect involves demonstrating that harm happened due to the nursing home’s negligence and that monetary compensation or remedies are warranted to make up for that harm. “Damages” is the legal term for monetary compensation awarded in a lawsuit. To seek damages, you need to show that your loved one suffered a loss due to the nursing home’s actions or inaction.

Those losses might include:

• Physical injuries
• Worsening medical condition
• Psychological damage
• Emotional distress
• Loss of quality of life
• Property losses (such as damage to their belongings)

Personal injury lawsuits often give rise to both economic and non-economic damages. Economic damages help make up for the actual monetary expenses resulting from the nursing home’s neglect. These might include:

• Medical bills
• Reimbursement for nursing home costs
• Property damage repair costs

Non-economic damages help make up for the losses that do not have a direct price tag, such as emotional distress and mental anguish.

A nursing home negligence attorney can help you understand what damages may be applicable in your case and represent you as you seek compensation for injuries.

Collecting Evidence To Support a Nursing Home Neglect Case

If you decide to sue a nursing home for neglect, having evidence of the staff’s negligence can help support your case. Any of the following may be helpful in this regard:

• Medical records showing your loved one’s deteriorating health
• Images or videos of their room, showing poor hygiene or other forms of neglect
• Testimony from other residents or their family members
• Security camera footage of the nursing home staff failing to meet the standard of care

Nursing Home Neglect vs. Abuse and When Criminal Charges May Arise

Nursing home neglect often gives rise to legal liability cases against the nursing home. However, it is important to understand that neglect can also be a form of elder abuse, which can result in criminal charges against the nursing home.

If nursing home staff knowingly caused physical harm to a resident, their actions could constitute criminal offenses such as assault, battery, or neglect under state law. You may want to report the abuse or neglect to local law enforcement and provide any evidence you have. A nursing home neglect attorney can also help you navigate this process.

If the nursing home staff face criminal charges, there will likely be a criminal trial before you can pursue a civil lawsuit against them.

While reporting elder abuse or nursing home neglect to authorities may feel intimidating, this is often an important step in preventing abuse from continuing. If your loved one has experienced harm, other residents may also be at risk of similar treatment, and they may not have family members who can report this harm and protect them.

Who Can Sue on Behalf of a Nursing Home Resident?

Can you sue a nursing home for neglect? You may be able to pursue a civil case against the nursing home to seek damages on behalf of your loved one. Generally, a family member of the nursing home resident can sue on their behalf, or the resident can sue themself if they have the mental capacity to do so.

A legal representative can also pursue a lawsuit on behalf of a nursing home resident. This might include a person appointed power of attorney.

If a nursing home resident has died due to neglect or abuse, their family members or estate representative may have the right to file a wrongful death claim, depending on the circumstances of their death. In Georgia, the surviving spouse, the deceased’s children, and the deceased’s parents all have the legal right to pursue wrongful death.

Dellacona Law Firm Represents Families Through Elder Abuse Claims

If you suspect your loved one has experienced harm due to abuse or neglect from their nursing home staff, you may have several legal options. Dellacona Law Firm provides representation through nursing home abuse and neglect claims in the Macon, GA, area.

If you want to explore suing a nursing home for elder neglect, request a legal consultation today by calling 478-389-0787.