Putting a loved one in a nursing home is an act of trust. Families expect their family members to be looked after properly with dignity and protection. When it doesn't happen, there can be serious consequences. Unfortunately, nursing home neglect is more common than many people realize, but legal action can be an option.
If you're wondering, can you sue a nursing home for neglect, read on to learn more.
What Counts as Nursing Home Neglect?
Nursing home neglect is when a resident's basic needs are not being met. Abuse is often intentional, but neglect is usually the result of inattention, understaffing or poor management. Common examples of neglect in a nursing home:
- Not enough food and water, or inappropriate food
- Not helping with hygiene
- Ignoring medical needs
- Leaving residents unsupervised (if they're not supposed to be)
Over time, neglect can cause serious health problems, emotional distress, and reduced quality of life.
Signs of Neglect
Neglect isn't always obvious. If residents can't communicate to their families or suffer from conditions like dementia, families are often the ones who spot it:
- Unexplained weight loss
- Dehydration
- Frequent infections
- Bedsores
- Poor personal hygiene
- Sudden mood changes
- Sudden changes in behavior
- Repeated falls
- Untreated injuries
- Missed medication
If concerns are raised and dismissed or ignored by staff, it could point to a wider issue within the nursing home.
Can You Take Legal Action?
In many cases, it is possible to sue a nursing home for neglect. Facilities have a legal duty to provide a reasonable standard of care. When they fail to do so and a resident is harmed as a result, they may be held liable.
A lawsuit can be brought on by the residents themselves. Usually, it's their legal guardian or family members acting on their behalf. In some situations, claims may also be filed after a resident has died, depending on local laws and circumstances.
What Do You Need to Prove?
To have a successful neglect claim, it generally needs to be proven that the nursing home owed a duty of care, failed to meet that duty, and caused harm as a result. Evidence may include:
- Medical records
- Photographs
- Witness statements
- Inspection reports
- Expert opinions
Documentation is important. Keeping notes of concerns, conversations with staff, and changes in a loved one's condition can be helpful if legal advice is sought later.
Why Pursue a Claim?
Legal action can highlight unsafe practices, and can push facilities to improve standards and help protect other residents from harm. For many families, it is also about accountability. It means their loved one's experience is taken seriously. If neglect is suspected, getting advice early can help clarify options and next steps. Even if you choose not to pursue a lawsuit, knowing your rights makes it easier to advocate for better care.
Endnote
Nursing home neglect can have serious and lasting consequences. Not only for residents but for the families who trusted a facility to provide safe and compassionate care. Knowing that legal options are there means you have the power to take action when standards fall short. While every situation is different, understanding the signs of neglect and the right to seek accountability can help ensure concerns are not ignored. Ultimately, awareness and advocacy play a role in protecting vulnerable residents. It also promotes better care across the system.
