A nursing home abuse claim is a legal action brought on behalf of a nursing home resident or their family against a nursing home facility, its staff, or its management for harm caused by abuse, neglect, or violations of the resident’s rights. Nursing home abuse claims are an important tool for holding facilities accountable for the care they provide and for obtaining compensation for residents who have been harmed.
Understanding what nursing home abuse claims involve, what types of harm can give rise to a claim, and what steps to take if you suspect abuse can help families protect their loved ones and pursue justice when harm has occurred.
Types of nursing home abuse that can give rise to a claim
Nursing home abuse claims can arise from many different types of harm including:
- Physical abuse — intentional use of physical force that causes pain, injury, or impairment including hitting, pushing, inappropriate use of physical restraints, and improper administration of medications to control behavior
- Emotional or psychological abuse — verbal or nonverbal behavior that causes mental anguish including threats, humiliation, intimidation, and isolation
- Sexual abuse — any non-consensual sexual contact or behavior
- Financial exploitation — unauthorized or improper use of a resident’s money, property, or assets
- Neglect — failure to provide adequate food, water, medical care, personal hygiene assistance, or other basic necessities
- Medical negligence — failure to provide appropriate medical care including missed diagnoses, medication errors, failure to prevent or treat pressure ulcers, and inadequate monitoring of medical conditions
- Wrongful death — when abuse or neglect results in the death of a resident
Warning signs that may indicate abuse or neglect
Families should be alert to warning signs that may indicate a loved one is being abused or neglected in a nursing home including:
- Unexplained injuries such as bruises, cuts, or burns especially in unusual locations
- Pressure ulcers or bedsores that develop or worsen
- Unexplained weight loss or signs of dehydration
- Poor hygiene or unsanitary living conditions
- Sudden changes in behavior such as increased anxiety, depression, or withdrawal
- Fearfulness around specific staff members
- Unexplained changes in financial accounts or missing valuables
- Resident reports of mistreatment
Who can be held liable in a nursing home abuse claim
Nursing home abuse claims can be brought against multiple parties depending on who was responsible for the harm:
- The nursing home facility — the facility itself can be held liable for the actions of its employees, for inadequate staffing, for failure to properly screen and train staff, and for failure to maintain a safe environment
- Individual staff members — nurses, aides, and other staff members who directly committed abuse can be held personally liable
- Management and ownership — in some cases nursing home owners and management companies can be held liable especially when systemic problems contributed to the harm
- Other residents — in some cases harm caused by other residents can give rise to a claim if the facility failed to take reasonable steps to protect residents from known risks
Types of compensation available in nursing home abuse claims
Victims of nursing home abuse and their families may be entitled to several types of compensation including:
- Medical expenses — the cost of medical treatment necessitated by the abuse or neglect
- Pain and suffering — compensation for physical pain and emotional distress experienced by the resident
- Emotional distress — compensation for psychological harm caused by the abuse
- Relocation expenses — the cost of moving the resident to a safer facility
- Wrongful death damages — in cases where abuse or neglect caused death the family may be entitled to compensation for funeral expenses, loss of companionship, and other damages
- Punitive damages — in cases of particularly egregious conduct courts may award punitive damages designed to punish the facility and deter future misconduct
Steps to take if you suspect nursing home abuse
If you suspect a loved one is being abused or neglected in a nursing home take the following steps:
- Ensure immediate safety — if your loved one is in immediate danger call 911. Consider moving them to a different facility if necessary to ensure their safety.
- Document everything — take photographs of any injuries or unsanitary conditions, keep records of all communications with facility staff, and write down dates, times, and descriptions of concerning incidents.
- Report to the appropriate agencies — report suspected abuse to your state’s Adult Protective Services agency, the long term care ombudsman program, and the state agency that licenses and regulates nursing homes. In most states nursing homes are regulated by the state health department.
- Obtain medical attention — make sure your loved one receives appropriate medical care for any injuries and obtain medical records documenting their condition.
- Consult an attorney — an attorney who specializes in nursing home abuse cases can evaluate your situation, advise you on your legal options, and help you pursue a claim if appropriate.
Reporting nursing home abuse
Nursing home abuse should be reported to multiple agencies:
- Adult Protective Services — investigates reports of abuse, neglect, and exploitation of vulnerable adults. Find your state’s APS through the National Adult Protective Services Association at napsa-now.org or call the Eldercare Locator at 1-800-677-1116.
- Long term care ombudsman — advocates for nursing home residents and investigates complaints about care and conditions. Find your state’s ombudsman through the Administration for Community Living at acl.gov.
- State survey agency — the state agency responsible for licensing and inspecting nursing homes. Reports to this agency can trigger an inspection of the facility.
- Law enforcement — nursing home abuse is a crime in every state. Reports can be made to local police or the state attorney general’s office.
Statutes of limitations
Nursing home abuse claims are subject to statutes of limitations — deadlines by which a claim must be filed. The applicable deadline varies by state and by the type of claim. In many states the deadline is two to three years from the date of the injury or from the date the injury was discovered. In wrongful death cases different deadlines may apply.
Because statutes of limitations can be relatively short it is important to consult with an attorney as soon as possible after discovering potential abuse. Waiting too long can result in losing the right to pursue a claim entirely.
Finding an attorney for a nursing home abuse claim
Attorneys who handle nursing home abuse claims typically work on a contingency fee basis — meaning they only charge a fee if your case is successful. Resources for finding an attorney include:
- Your state bar association’s lawyer referral service
- The National Academy of Elder Law Attorneys at naela.org
- The American Association for Justice at justice.org which maintains a directory of plaintiff’s attorneys including those who handle nursing home cases
- Personal referrals from trusted sources
Key terms to know
- Nursing home abuse claim — a legal action brought against a nursing home for harm caused by abuse neglect or rights violations
- Neglect — failure to provide adequate care including food water medical care and personal hygiene
- Medical negligence — failure to provide appropriate medical care resulting in harm
- Statute of limitations — the deadline by which a legal claim must be filed
- Punitive damages — damages awarded to punish particularly egregious misconduct
- Adult Protective Services — a government agency that investigates reports of abuse neglect and exploitation of vulnerable adults
- Long term care ombudsman — an advocate for nursing home residents who investigates complaints about care and conditions
- Contingency fee — an attorney fee arrangement in which the attorney is only paid if the case is successful
Sources
- National Center on Elder Abuse — ncea.acl.gov
- Administration for Community Living — acl.gov
- National Adult Protective Services Association — napsa-now.org
- National Academy of Elder Law Attorneys — naela.org
This article is for general informational purposes only and does not constitute legal advice. Laws regarding nursing home abuse claims vary significantly by state. Consult a licensed attorney for guidance specific to your situation.