Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
Question: What Is Nursing Home Neglect?
Answer: Nursing home neglect refers to the failure of nursing home or assisted living facility staff to provide adequate care, resulting in harm or discomfort to nursing home residents.
Nursing home neglect can include insufficient medical care, poor hygiene, and lack of assistance with daily activities, impacting the physical and mental health of residents.
On this page, we’ll address the different types of nursing home neglect, the obligations of staff members and nursing facilities to prevent neglect, options for family members to take legal action against nursing homes for neglect, and much more.
According to the World Health Organization (WHO), one in every six elderly suffer from elder abuse.
In most of these cases, senior adults succumb to psychological abuse (manipulation, threats, humiliation, and so on) from their caretakers.
While somewhat uncommon, older adults also suffer from neglect.
Neglect is a type of elder abuse where an elderly person does not receive the necessary care, support, and assistance that they require.
Long-term care facilities are legally responsible for ensuring that their employees provide adequate care to the residents.
If they fail, a resident’s loved one can file a negligence lawsuit against the facility.
At TorHoerman Law, we help families fight against nursing home neglect and hold facilities accountable for their negligence.
If you need help in this area, call us now for a free initial legal consultation.
You can also use our chatbot for a quick case evaluation.
Nursing home abuse and neglect is a serious and pervasive issue that affects many elderly residents in long-term care facilities.
Understanding what constitutes neglect and how it differs from abuse is essential for ensuring the well-being of vulnerable individuals in these settings.
Nursing home neglect occurs when a caregiver fails to provide the necessary care, leading to harm or discomfort for the nursing home resident.
Unlike nursing home abuse, which is often intentional and involves direct harm, neglect is generally the result of a caregiver’s inaction or indifference.
Neglect can lead to severe physical and psychological consequences for the elderly, including malnutrition, illness, depression, and even death.
Because of its effects, family members can hold nursing home staff members or facilities accountable for negligence.
Nursing home neglect and nursing home abuse may seem similar, but they are distinct offenses.
In nursing home negligence, caregivers fail to fulfill their duties, which, in turn, harms the residents.
The damage is typically due to neglectfulness, oversight, or inadequate staffing rather than malicious intent.
Nursing home abuse involves intentional actions that cause physical, emotional, or psychological harm to the resident.
This abuse manifests in forms of physical abuse, verbal threats, sexual abuse, or other forms of direct elder abuse.
Neglect in nursing homes can manifest in various ways, impacting residents’ physical, emotional, and medical well-being.
Physical neglect involves failing to provide basic needs such as food, water, clothing, shelter, and hygiene.
In a nursing home setting, physical neglect can lead to serious health complications and a decline in the overall well-being of the resident.
Examples of physical neglect include:
Emotional neglect occurs when caregivers fail to provide the emotional support, attention, and social interaction necessary for the resident’s mental and emotional well-being.
This neglect can lead to feelings of isolation, depression, and anxiety.
Common examples of emotional neglect include:
Medical neglect involves the failure to provide necessary medical care, including administering medications, attending to wounds, and ensuring regular medical check-ups.
This type of neglect can result in serious health complications or even death.
Medical negligence is a serious case.
Ways that medical neglect can manifest include:
Abandonment occurs when a resident is deserted by those responsible for their care.
In a nursing home setting, abandonment is a particularly severe form of neglect, as it leaves the resident entirely without the support they need.
Examples of abandonment include:
Nursing homes have a profound responsibility to care for their residents, who are often among the most vulnerable members of society.
The Nursing Home Reform Act of 1987 solidified these obligations into law.
These facilities must adhere to strict legal obligations and standards of care to ensure the safety, health, and well-being of those under their supervision.
Failure to meet these obligations can result in neglect, which harms residents and carries significant legal consequences for the facility.
One of the primary legal obligations of nursing homes is to provide for the basic needs of their residents.
This duty includes supplying adequate and nutritious food, clean water, comfortable shelter, clothing, and hygiene.
Federal and state regulations mandate that nursing homes ensure residents receive sufficient nutrition and hydration, as well as appropriate clothing and bedding to maintain comfort and dignity.
Nursing homes are legally obligated to maintain a safe, clean, and sanitary environment for all residents.
This responsibility involves ensuring the facility is free from hazards, such as wet floors, sharp objects, or malfunctioning equipment, that could lead to accidents or injuries.
Nursing homes must also keep the premises clean to prevent the spreading of infections and illnesses.
Nursing homes must implement safety protocols to prevent falls, injuries, and accidents.
These measures must include proper lighting, secure handrails, and accessible emergency exits.
Nursing homes must provide personalized medical and personal care to each resident, tailored to their individual health needs.
This responsibility includes administering medications, managing chronic conditions, and providing necessary medical treatments.
Nursing homes must also assist residents with daily activities such as eating, dressing, and mobility.
Facilities must have protocols to manage residents’ chronic health conditions, such as diabetes, heart disease, or dementia, through regular monitoring and treatment.
If a resident with a severe condition does not receive proper care, their family members can initiate legal action against the facility.
Nursing homes are responsible for promoting an active and engaging lifestyle for their residents, which is crucial for maintaining mental and physical health.
This duty includes providing opportunities for social interaction, physical activity, and mental stimulation through organized activities, outings, and entertainment.
Nursing homes must offer a variety of social activities and events to encourage interaction among residents and prevent feelings of isolation.
Facilities should also provide opportunities for physical activity tailored to residents’ abilities, such as exercise classes, walking clubs, or recreational games.
Adequate staffing is critical to ensuring that nursing homes can meet the needs of their residents.
The facility is legally obligated to maintain sufficient staff levels, with properly trained and qualified caregivers, to provide timely and appropriate care.
Insufficient staffing can lead to neglect, as there may not be enough personnel to attend to each resident’s needs.
If a nursing home operates with too few staff members and a resident suffers injuries or develops a condition because of neglect, the facility can be held liable.
Nursing home neglect can lead to a cascade of severe and life-threatening complications for residents.
From the deterioration of physical health to the onset of mental health issues, neglect can have devastating consequences.
In the most extreme cases, it can even lead to death.
Recognizing the early signs of neglect is crucial in preventing further harm and ensuring the well-being of residents in nursing homes.
Dangers and complications arising from neglect can include:
One of the most immediate dangers of nursing home neglect is the rapid decline in a resident’s physical health.
When basic needs such as nutrition, hydration, hygiene, and mobility assistance are not adequately provided, residents’ overall health can deteriorate quickly.
Poor hygiene and inadequate sanitation practices increase the risk of infections, such as urinary tract infections, respiratory infections, and skin infections.
Neglected infections can spread rapidly and become life-threatening.
Neglect in a nursing home setting can lead to the worsening of pre-existing medical conditions and the progression of diseases that might otherwise be manageable with proper care.
Residents with chronic conditions such as diabetes, heart disease, or arthritis require regular monitoring and treatment.
Neglecting these needs can lead to complications like uncontrolled spikes in blood sugar levels, heart attacks, or severe joint pain, which nursing home employees could prevent with timely intervention.
Neglect in nursing homes doesn’t just affect physical health.
It can have profound psychological effects on residents.
Emotional and psychological neglect can lead to a range of mental health problems, significantly impacting the resident’s quality of life.
For residents with dementia or other cognitive impairments, neglect can accelerate cognitive decline.
The absence of mental stimulation, social interaction, and routine care can worsen symptoms of confusion, memory loss, and disorientation.
In the most severe cases, neglect in a nursing home can lead to the death of a resident.
Whether through the progression of untreated medical conditions, the worsening of chronic diseases, or the psychological toll of neglect, the ultimate consequence can be fatal.
Recognizing the early signs of neglect is vital to prevent further harm and potentially save lives.
Family members, caregivers, and nursing home staff must be vigilant in observing changes in a resident’s condition and behavior that may indicate neglect.
Indicators to look out for include:
Concerned family members or staff can take appropriate actions if they recognize these signs of neglect early on.
Nursing home staff and family members must act quickly and decisively to prevent the situation from worsening, ensuring that residents live in a safe, healthy, and supportive environment.
Taking legal action is necessary to protect the resident’s rights, hold the facility accountable, and seek compensation for damages.
The legal process of filing a complaint is complicated without proper guidance from a competent legal representative.
The first and most crucial step in filing a nursing home abuse lawsuit is reporting it to the appropriate authorities, such as Adult Protective Services (APS).
Reporting not only helps to stop the immediate neglect but also initiates an investigation that can lead to corrective actions within the facility.
Many nursing homes have internal procedures for reporting neglect.
Start by notifying the facility’s management or administration about your concerns.
Document any conversations and actions taken by the staff in response to your report.
Health and human services you can contact include:
Gathering evidence is critical to building a solid case against a nursing home for neglect.
The burden to prove nursing home neglect lies on you.
Collecting substantial evidence will support your claims and help establish the extent of the neglect, its impact on the resident, and the facility’s liability.
Crucial evidence you should gather includes:
Families of neglected residents may be entitled to compensation for the harm their loved one has suffered.
Potential compensation can include:
A nursing home abuse lawyer is an invaluable resource in guiding families through this process, ensuring that the rights of the residents are protected and that justice is served.
Ways a nursing home abuse lawyer can help include:
Taking legal action against a nursing home for neglect is a critical step in securing justice for your loved one and ensuring that no other residents suffer similar harm.
Nursing home abuse laws are enacted to safeguard the rights of elderly residents and their families.
At TorHoerman Law, our experienced nursing home abuse lawyers have a proven track record of holding facilities accountable for their actions and securing fair compensation for victims and their families.
If you suspect your loved one has been a victim of neglect, contact TorHoerman Law today for a free consultation.
You can also use our chatbot for a free case evaluation.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.