Can You Sue a Nursing Home for Neglect? [2025 Guide]

Defining Nursing Home Neglect

Nursing home neglect occurs when a long-term care facility fails to provide adequate care to its residents, resulting in physical, emotional, or psychological harm.

Unlike intentional abuse, neglect is generally characterized by inaction or insufficient attention, such as failing to assist with personal hygiene, provide necessary medications, or monitor nutrition and hydration levels.

It’s important to distinguish neglect from other forms of nursing home abuse.

Types of nursing home abuse includes:

• Physical abuse: Hitting, slapping, or using excessive physical restraints.
• Emotional abuse: Verbal threats, humiliation, or isolation.
• Financial abuse: Unauthorized use of a resident’s funds or coercing them to sign over assets.

Neglect may appear more subtle than overt abuse, but its impact can be just as devastating.

Common signs include unclean living conditions, untreated medical issues, sudden weight loss, or emotional withdrawal.

Because many elderly individuals cannot advocate for themselves, especially those with dementia or mobility issues, families must stay vigilant for signs of inadequate care.

Recognizing the difference between neglect and abuse helps you better understand the nature of harm your loved one may be facing.

It’s the first step toward building a potential legal case against the facility.

Legal Foundation of a Nursing Home Neglect Lawsuit

Nursing homes are legally obligated to provide a reasonable standard of care to every resident.

When they breach that duty by failing to provide proper medical care, adequate nutrition, or basic hygiene, and harm occurs as a result, they may be held legally liable for neglect.

This legal responsibility stems from both the common law duty of care and numerous state and federal regulations.

The Nursing Home Reform Act of 1987, enacted under OBRA (Omnibus Budget Reconciliation Act), sets the federal standard for long-term care facilities.

It mandates that nursing homes must help residents attain and maintain their highest practicable level of physical, mental, and psychosocial well-being.

Each state has its own licensing requirements and elder abuse statutes, which further define what constitutes neglect and outline the standards facilities must meet.

In Illinois, the Nursing Home Care Act specifies staffing ratios, requires facilities to have a resident’s bill of rights, and mandates reporting of suspected abuse or neglect to the Illinois Department of Public Health.

If a nursing home violates these laws by understaffing, ignoring residents’ needs, or covering up injuries, it may form the basis of a strong legal claim.

Medical records, state inspection reports, and staffing logs often provide critical evidence in these cases.

Understanding the legal foundation for a negligence lawsuit helps families determine when poor care crosses the line into actionable negligence, and why legal help is essential for holding facilities accountable.

Various Types of Nursing Home Abuse and Neglect

Neglect and abuse in nursing homes can take many different forms, each capable of causing lasting harm to an elderly person.

Understanding these categories can help families take action to protect their loved ones and seek justice when necessary.

Medical Neglect

One of the most serious and common forms of neglect is the failure to provide adequate medical care.

This may involve skipped medications, delayed treatment, or ignoring chronic health conditions like diabetes or mobility impairments.

Medical neglect puts a resident’s physical and mental health at risk, and often leads to complications that could have been prevented with timely intervention.

Malnutrition and Dehydration

When staff fail to monitor residents’ food and fluid intake, malnutrition and dehydration can occur.

These conditions can weaken immune function, cause muscle deterioration, and result in confusion, urinary tract infections, or even kidney failure.

Malnutrition and dehydration are clear signs of substandard care and often point to systemic staffing or management issues.

Falls and Mobility-Related Injuries

Falls are one of the leading causes of serious injuries in nursing homes.

Many facilities are understaffed, which means residents may try to move on their own, leading to broken bones, head trauma, or even death.

A preventable fall may be a result of negligence and can serve as the basis for legal action.

Bedsores and Hygiene Neglect

Bedsores, or pressure ulcers, form when a resident is not regularly turned or repositioned.

These wounds can become infected, cause immense pain, and lead to sepsis.

Likewise, failure to maintain proper hygiene, like clean bedding, bathing assistance, or restroom help, can severely diminish a resident’s quality of life and lead to illness.

Abuse by Staff or Other Residents

Neglect can also create an environment where sexual abuse or physical harm goes unnoticed or unreported.

Some facilities fail to properly vet staff or monitor interactions among residents.

In such cases, a nursing home may be held liable for not preventing or reporting abuse.

Reporting and Intervention

Families who suspect abuse or neglect can contact Adult Protective Services or their local health and human services department.

These agencies investigate complaints, enforce safety regulations, and help ensure facilities meet legal care standards.

Neglect in any form, whether passive or active, can endanger an elderly person’s health and well-being.

Recognizing the warning signs is the first step toward seeking accountability and justice.

Effects of Nursing Home Neglect

The effects of nursing home neglect can be devastating, especially for vulnerable residents who depend entirely on facility staff for daily care.

When that care falls short, it can trigger a wide range of physical, emotional, and financial consequences, some of which may be long-lasting or even fatal.

Physical Harm

Neglect often leads to severe physical health problems.

Residents who are not given proper medical treatment may suffer from untreated infections, worsening of chronic illnesses, and avoidable complications.

Failure to manage blood sugar levels in diabetics can result in hospitalization or amputations.

Pressure ulcers, malnutrition, dehydration, and falls are also common outcomes of neglect and can severely diminish a resident’s quality of life.

Elderly individuals with cognitive impairments such as Alzheimer’s disease are especially at risk.

These residents may be unable to communicate their needs or symptoms, making it even more important for caregivers to provide vigilant and consistent care.

Unfortunately, many are left unattended or forgotten, leading them to wander and put themselves in harmful situations.

Emotional and Psychological Impact

Beyond physical injuries, emotional neglect can have a profound impact on a resident’s well-being.

When a person is isolated, ignored, or treated with indifference, they may develop depression, anxiety, or feelings of abandonment.

A once sociable resident may become withdrawn or non-verbal, especially if they are not receiving social interaction or mental stimulation.

For residents with limited mobility or cognitive impairments, the lack of emotional support can accelerate mental decline and contribute to feelings of hopelessness.

Families often report that their loved ones appear “not themselves” long before physical signs of neglect are detected.

Financial and Legal Consequences

Neglect can also lead to significant financial costs.

Emergency room visits, surgeries, medications, and rehabilitation services all place additional burdens on families.

When neglect is identified and documented, families may choose to pursue a personal injury lawsuit to recover damages for these expenses and for the pain and suffering endured by the resident.

The legal process reveals systemic failures, such as understaffing or misconduct by a specific nursing home staff member, that warrant broader accountability.

Nursing home neglect doesn’t just harm one individual — it shatters the trust that families place in these facilities.

Recognizing the effects is essential to ensure victims receive justice and future residents are protected from similar harm.

How a Nursing Home Lawyer Can Help Families Seek Justice and Compensation

When a loved one suffers harm in a nursing facility, families are often overwhelmed by anger, grief, and uncertainty.

Questions arise quickly: Was this elder abuse preventable? What steps should we take? And most importantly, how do we hold the facility accountable?

A nursing home abuse or neglect lawyer can provide the clarity and legal support families need to take action.

These legal professionals specialize in representing victims of elder neglect and can guide families through the complex process of seeking justice and fair compensation.

Investigating the Claim

The first and most critical step a nursing home lawyer will take is to investigate the elder abuse claim thoroughly.

This involves gathering crucial evidence that may include:

• Medical records documenting the resident’s condition and treatment
• Incident reports filed by the facility
• Internal staffing logs and shift schedules
• Photos of injuries or living conditions
• Witness interviews, including staff, family members, and other residents

These documents can help attorneys build a strong timeline of events and identify any patterns of substandard care or facility violations.

In cases where the facility has a history of citations or complaints for elder abuse, lawyers can use that information to strengthen the claim.

To successfully prove nursing home neglect, an attorney must demonstrate that the facility owed the resident a duty of care, that this duty was breached, and that the breach directly caused harm.

These elements form the foundation of any personal injury or wrongful death lawsuit against a nursing home.

Understanding Regulations and Standards

Nursing home neglect cases are governed by both state and federal laws, which are often complex and subject to change.

Experienced lawyers are well-versed in regulations from the Centers for Medicare & Medicaid Services (CMS), as well as state-specific statutes governing long-term care facilities.

For example, CMS establishes minimum staffing requirements and resident rights, which facilities must follow in order to receive Medicaid services or Medicare funding.

Violations of these standards, such as understaffing, failure to administer medications, or ignoring fall risks, can support a legal claim and demonstrate the facility’s negligence.

A skilled attorney can also identify whether the nursing home failed to follow its own policies or industry best practices, further reinforcing liability.

Calculating and Pursuing Damages

Once the case has been built, a nursing home lawyer will help families seek financial compensation for the damages their loved one suffered.

This may include:

• Medical expenses related to hospitalizations, surgeries, or long-term rehabilitation
• Pain and suffering, both physical and emotional
• Wrongful death damages, including funeral costs and loss of companionship
• Punitive damages in cases of extreme or intentional misconduct

If the case involves a negligent nursing home whose actions show a pattern of abuse or reckless disregard for resident safety, punitive damages may be pursued to punish the facility and deter future misconduct.

Some cases settle out of court, while others proceed to trial.

A qualified attorney will negotiate aggressively on your behalf, ensuring that any settlement reflects the full extent of the harm suffered.

If the case goes to court, they will present compelling evidence and expert testimony to persuade a judge or jury.

Compassionate Guidance Through a Difficult Process

Pursuing legal action against a nursing home is never easy.

These are emotionally charged cases involving vulnerable loved ones, and the process can be intimidating, which is why having a lawyer who specializes in nursing home negligence is essential not just for legal strategy but for emotional support and guidance.

Your attorney can also help you navigate communication with government agencies, such as Adult Protective Services or local Departments of Health, and ensure that your loved one is moved to a safer facility if necessary.

A knowledgeable lawyer will explain your options clearly, keep you informed every step of the way, and help you make decisions that serve your family’s best interests.

How Long Do Nursing Home Neglect Cases Take?

The timeline of a nursing home neglect lawsuit varies depending on the complexity of the case and whether the facility cooperates.

On average, cases may take anywhere from several months to a few years.

Factors that can influence the timeline include:

• Availability of records and witnesses
• Whether the case settles or goes to trial
• The extent of the resident’s injuries or losses

While the process can be lengthy, a dedicated attorney will handle the legal burdens so that your family can focus on healing and caregiving.

Legal Fees and Affordability

Most nursing home lawyers, including those at TorHoerman Law, work on a contingency fee basis.

This means you pay nothing upfront, and legal fees are only collected if your case results in a settlement or favorable verdict.

This model ensures that families — regardless of financial situation — can pursue justice without the added stress of legal bills.

In the face of a traumatic and painful experience, hiring a qualified attorney can be the most empowering step a family takes.

From gathering evidence to navigating regulations and pursuing damages, a nursing home lawyer plays a critical role in helping families hold negligent nursing homes accountable and secure the justice their loved ones deserve.

TorHoerman Law: Nursing Home Abuse and Neglect Lawyers

At TorHoerman Law, we understand how devastating it is to discover that a loved one may have been neglected in a nursing home.

Our team is committed to holding facilities accountable and helping families find answers, justice, and peace of mind.

With years of experience handling elder neglect and abuse cases, we have the legal knowledge, resources, and compassion to guide you through this difficult time.

We offer a free, no-obligation consultation to discuss your concerns and evaluate the strength of your case.

If we move forward, you’ll pay nothing out of pocket. We work on a contingency fee basis, meaning you only pay if we win.

Your loved one deserves dignity, respect, and proper care.

If you suspect neglect or abuse, don’t wait.

Contact TorHoerman Law today to learn how we can help protect your family’s rights and pursue full compensation from those responsible.

You can also use the chatbot on this page to see if you qualify immediately.