Legal Recourse for Families Dealing with Nursing Home Neglect

The decision to entrust an aging parent or close relative to a nursing home is never easy. And when you finally decide they should be under the care of professionals, you want them to receive the attention they deserve. Sadly, many residents in assisted living care facilities experience neglect and abuse. According to the National Institute of Health, about 10% of individuals over 65 years experience abuse in different forms. What is even worse is the rate of elderly abuse in nursing homes is higher. 

While neglect is not as violent as physical abuse, sexual abuse, or psychological abuse, it can be dangerous because someone does not act accordingly. So, what is considered nursing home neglect? Failure to provide medication, poor personal hygiene, malnutrition, and social isolation are a few examples of neglect. You are probably thinking, what can I or my family do if a loved one becomes a victim of negligence in a nursing home? There are legal remedies to safeguard them and seek compensation for the harm caused. This article highlights the legal recourse for families dealing with nursing home neglect. 

Report Nursing Home Neglect to Local Authorities

Is elder abuse a felony? That will probably be one question you ask when you discover that an aging parent or close relative is a victim of neglect in a long-term care facility. In many states, elder abuse, including negligence, is a felony and is punishable by jail terms, fines, or both. But for the abuser to face punishment, the victim or victim’s family must report the incident immediately. While reporting a case of negligence to the nursing home administration should be the first step, there is a likelihood they will dismiss your claim. So, what should you do? Contact relevant authorities in your state. 

You can start by calling a nursing home abuse hotline or the nearest police station. Law enforcement will investigate the claims, and if found guilty, the nursing home owners or staff will face criminal charges. Alternatively, reach the Adult Protective Service (APS) in your state. The APS will review your report and investigate the nursing home. If the APS determines abuse and neglect, they will report to law enforcement or even seek a court injunction to prevent further mistreatment and order corrective measures. The APS will also offer referral to legal support to ensure your loved one receives fair justice. 

Another great option to consider is the National Long-term Care Ombudsman, which advocates for the rights of older people in nursing homes. According to the National Consumer Voice, residents in long-term care facilities have rights, like the right to quality of life, proper healthcare, good nutrition and hygiene, and the right to social interactions. So, once you have reported a nursing home neglect case to the Ombudsman, they will investigate the suspects and seek justice for the victim.

Pursue a Tort Lawsuit

After filing an official complaint with relevant authorities, consider filing a tort lawsuit. So, what is a tort, and how do you navigate the process? As defined in Forbes, a tort is a wrong that entails an intentional act or omission that results in harm and gives the injured party the right to file a civil lawsuit. The purpose of pursuing a tort lawsuit against a nursing home is to get compensation for harm, such as bedsores, broken bones, bruises, malnutrition, dehydration, and depression. 

Filing a tort or civil lawsuit against a long-term care facility can be complex. Families of nursing home neglect victims often seek legal aid from experienced personal injury attorneys. According to nursing home abuse and neglect lawyers at Cohen, Feeley, Altemose & Rambo, working with an experienced lawyer means you will have legal guidance at every step. 

A skilled lawyer will evaluate your claim to determine if it is valid. They will then collect evidence in video or photographic format, interrogate other residents in the assistive care facility, and review medical records. Next, your lawyer will present the matter to court and negotiate for a reasonable settlement on your behalf. 

File A Wrongful Death Lawsuit

When the worst happens, and a loved one dies in a nursing home that neglected their care, your legal remedy would be a wrongful death lawsuit. Like a tort lawsuit, you can sue the long-term care facility, individual caregivers, or entire staff for wrongful death. You stand to win compensation for medical bills, funeral and burial costs, loss of companionship or support, and pain and suffering. However, you must provide evidence that neglect was the direct cause of your loved one’s death. To navigate the complexities of wrongful death claims, hire an attorney with specialized experience dealing with nursing home neglect cases. 

Conclusion

Knowing someone you love is a victim of neglect in a nursing home is devastating. The good news is there are several legal remedies you can opt for. For example, you can pursue a tort lawsuit to get your aging parent, relative, or friend monetary compensation for the harm they have experienced. You could also file a wrongful death claim if a loved one dies because the nursing home staff neglected them. Reporting nursing home neglect cases to law enforcement, Adult Protective Services, or the Ombudsman can help ensure the parties responsible face punishment.