What is the Process of a Nursing Home Neglect Lawsuit?

How To Tell If Your Loved One Is a Victim of Nursing Home Abuse

The first step in addressing nursing home abuse is recognizing the warning signs.

Abuse can take many forms, and it’s not always easy to spot.

Left ignored, abuse and neglect can take a lasting toll on your loved one’s physical and mental health.

As a family member, you may notice changes in your loved one’s behavior, appearance, or overall well-being.

Common signs of nursing home abuse and neglect include:

• Physical abuse and neglect
• Emotional and psychological abuse
• Financial abuse
• Medical neglect
• Negligent hiring practices

Physical Abuse and Neglect

Physical abuse includes acts that cause physical harm like hitting, slapping, pushing, or unnecessary physical restraint.

Signs of physical abuse could include:

• Unexplained bruises, cuts, or injuries
• Broken bones or fractures
• Burns or abrasions, especially in unusual places
• Bedsores or pressure ulcers from improper care or extended periods in one position

Nursing home neglect can occur when the staff fails to provide proper care.

Failure to provide care will show up as any of the following signs:

• Poor personal hygiene
• Dehydration or malnutrition
• Unsanitary living conditions
• Untreated medical conditions

Emotional and Psychological Abuse

Emotional abuse can be harder to detect since it doesn’t leave visible marks.

It involves verbal assaults, threats, isolation, or intentional humiliation.

Some of the signs to look out for include:

• Withdrawal from social activities
• Unusual mood swings or depression
• Fearfulness, anxiety, or agitation
• Sudden changes in behavior

Financial Abuse

Financial abuse occurs when someone in the nursing home takes advantage of a resident’s finances.

Warning signs may include:

• Unexplained withdrawals from bank accounts
• Sudden changes to a will or financial documents
• Missing personal belongings or valuables
• Unpaid bills despite adequate funds

Medical Neglect

A negligent nursing home may likely fail to provide your loved one with adequate care.

When this occurs, you can sue a nursing home for medical neglect.

Negligence in providing medical care is a serious form of abuse and can include:

• Incorrect or missed medication doses
• Failure to treat infections or chronic conditions
• Inconsistent or improper monitoring of a resident’s health

Left unaddressed, medical neglect can have disastrous consequences, especially if your loved ones in nursing homes have chronic medical illnesses.

Missed medications and delayed treatment of illnesses can cause your loved one’s condition to deteriorate.

Death can also occur, rendering the negligent nursing home liable for wrongful death.

Negligent Hiring Practices

Nursing home abuse and neglect can occur because of unqualified staff.

When this happens, a nursing home or assisted living facility becomes liable for negligent hiring practices.

Negligent hiring practices can result in subpar care because a nursing home doesn’t get the right professionals to care for your loved one.

Medicaid services play a significant role in ensuring nursing homes meet essential care standards, and facilities that fail to comply with these standards may be held accountable for negligence.

Some examples of negligent hiring practices include:

• Not doing background checks on candidates before hiring
• Not requiring licensure or certifications
• Inadequate training and onboarding of new nursing home staff members

Gathering Evidence for a Nursing Home Abuse Lawsuit

Once you suspect abuse or neglect, the next step is gathering evidence.

This can feel daunting, but having strong evidence is crucial to a successful nursing home abuse lawsuit.

Having sufficient evidence establishes liability and will prove nursing home neglect and abuse.

There are numerous types of personal injury evidence to collect for a compelling nursing home abuse claim.

Types of evidence includes:

• Medical records
• Witness statements
• Photographs and videos
• Nursing home policies and reports

Medical Records

Medical records are one of the most important pieces of evidence in a nursing home abuse case.

These documents can help show whether your loved one received proper care and treatment.

Request copies of:

• Doctor’s notes
• Medication records
• Hospital visits
• Treatment plans

Medical professionals may also be called upon as expert witnesses to provide testimony about the standard of care that should have been followed.

Witness Statements

Witnesses play a key role in verifying the abuse. Other residents, staff members, or family members who have observed neglect or abuse can provide statements that support your case.

Steps to take include:

• Record the names and contact information of any witnesses
• Take notes on what the witnesses saw and heard
• Collect any statements in writing, if possible

Photographs and Videos

Documenting physical signs of abuse can be powerful evidence.

Photographs and videos can provide a clear, visual record of injuries, poor living conditions, or inadequate care.

Steps to take include:

• Take pictures of any visible injuries (bruises, bedsores, etc.)
• Capture images of the living environment (unclean rooms, unsafe conditions)
• Record any unusual or suspicious behaviors

Nursing Home Policies and Reports

The facility’s own policies, inspection reports, and internal incident reports can also help build your case.

These documents can show whether the nursing home followed proper procedures or if there was a pattern of neglect.

Health and Human Services (HHS) regulations require nursing homes to maintain specific safety and care protocols, providing important guidelines that support residents’ rights and protections.

Some key reports to request include:

• Incident or accident reports
• Employee schedules and training records
• State or federal inspection results

After amassing all the necessary pieces of evidence, you can contact Adult Protective Services and file a nursing home abuse complaint.

If this course of action doesn’t yield the results you want, the next step is to file a nursing home abuse claim.

Important: Nursing Care Homes Defend Themselves

Even with enough evidence, a nursing home may not take responsibility for the abuse and neglect your loved one endured, and it may use various defenses to try to avoid liability.

Common defenses nursing homes may use in abuse cases include:

• Denying allegations
• Claiming contributory negligence
• Disputing causation

Denying Allegations

In some cases, the nursing home may outright deny that any abuse or neglect occurred.

They may claim that the injuries were caused by another factor, such as the resident’s medical condition or an accident unrelated to the facility’s care.

Claiming Contributory Negligence

Some nursing homes may argue that the resident’s own actions contributed to their injuries.

If a resident fell, the nursing home might argue that the resident ignored warnings or failed to use a walker or other assistive device.

Disputing Causation

In some cases, nursing homes may try to dispute the cause of the injuries.

They might argue that the resident’s health issues were the result of pre-existing conditions rather than any neglect or abuse at the facility.

How a Nursing Home Abuse Attorney Can Help You

When you file a nursing home abuse lawsuit, the process can be daunting, especially past the evidence-gathering phase.

Luckily, you don’t need to take legal action alone.

With nursing home abuse lawyers like us at TorHoerman Law, you can navigate the legal process with confidence and have peace of mind knowing that your claim is in capable hands.

Ways a nursing home abuse attorney can help you in your nursing home abuse claim include:

• Investigating your claim
• Filing a nursing home abuse lawsuit on your behalf
• Negotiate your nursing home abuse settlement
• Representing you in trial (if negotiations fail)

Investigating Your Claim

An experienced lawyer will thoroughly investigate the abuse or neglect allegations.

Your attorney will:

• Review medical records and documentation
• Interview witnesses and experts
• Obtain nursing home inspection reports

This investigation is critical in determining whether the nursing home violated state or federal regulations and what damages may be recoverable.

Filing a Nursing Home Abuse Lawsuit on Your Behalf

Once enough evidence has been gathered, your attorney will file a formal complaint, which is the first step in a nursing home abuse lawsuit.

The complaint will outline:

• The parties involved (you, your loved one, the nursing home)
• The specific allegations of abuse or neglect
• The damages being sought

After filing, the nursing home will have an opportunity to respond, and the legal process will begin.

Negotiate Your Nursing Home Abuse Settlement

Many nursing home abuse cases are settled out of court.

Your lawyer will negotiate with the nursing home’s insurance company to reach a fair settlement.

This process may involve:

• Presenting evidence of the abuse
• Arguing for appropriate compensation for medical costs, pain, and suffering
• Ensuring future care needs are covered

If a settlement cannot be reached, the case may proceed to trial.

Representing You in Trial (If Negotiations Fail)

If negotiations don’t result in a settlement, your case may go to trial.

This is a more formal process where both sides present their evidence, and a judge or jury decides the outcome.

Your lawyer will represent you throughout this process, arguing on behalf of your loved one and working toward securing the best possible result.

The Purpose of Legal Action: The Goals of a Nursing Home Abuse Lawsuit

Filing a nursing home abuse lawsuit serves several important purposes, both for your family and for society as a whole.

Some of the main goals of pursuing legal action includes:

• Financial compensation
• Holding the nursing care facility accountable
• Preventing future nursing home abuse and neglect

Financial Compensation

The primary goal of a nursing home abuse lawsuit is to recover compensation for the damages your loved one has suffered.

These damages can be economic and non-economic and may include:

• Medical expenses related to treating injuries or conditions caused by neglect
• Compensation for physical pain and emotional suffering
• Reimbursement for financial exploitation, if applicable

Holding the Nursing Care Facility Accountable

Besides securing compensation, lawsuits play a critical role in holding negligent nursing homes accountable for their actions.

By pursuing legal action, you send a message that substandard care will not be tolerated.

This can lead to changes within the facility, such as improved staff training, better supervision, or even regulatory changes.

Preventing Future Nursing Home Abuse and Neglect

One of the broader objectives of filing a nursing home abuse lawsuit is to prevent future incidents of neglect or abuse.

When facilities are held responsible for their actions, it encourages them to improve their standards of care, benefiting not only your loved one but other residents as well.

How Long a Nursing Home Abuse Lawsuit Can Take

The timeline for a nursing home abuse lawsuit can vary significantly depending on the complexity of the case, the amount of evidence, and whether the case is settled out of court or goes to trial.

Like any civil litigation, nursing home abuse lawsuits can take anywhere from several months to a few years to resolve.

Major steps in the timeline include:

• Initial investigation and case review
• Filing the complaint
• Discovery phase
• Settlement negotiations
• Trial
• Appeals

1. Initial Investigation and Case Review

The first stage involves gathering evidence and conducting an investigation.

This step can take a few weeks to several months, depending on the availability of records, witness statements, and expert opinions.

2. Filing the Complaint

Once the investigation is complete and you decide to move forward with the lawsuit, your lawyer will file a formal complaint in court.

This officially starts the legal process.

After the complaint is filed, the defendant (the nursing home) has a specific amount of time (30 days in Illinois and Missouri) to respond.

3. Discovery Phase

The discovery phase is where both parties exchange information and evidence related to the case.

This process can be lengthy, often taking several months to over a year, depending on how complex the case is.

During discovery, you may need to:

• Answer questions (known as interrogatories)
• Provide documentation or evidence
• Attend depositions, where witnesses and parties involved in the case are questioned under oath

4. Settlement Negotiations

Settlement talks can begin at any point during the lawsuit process but often occur after the discovery phase.

The timeline for settlements can vary widely, with negotiations lasting from a few weeks to several months.

5. Trial

If the case does not settle, it may proceed to trial.

A trial typically lasts a few days to several weeks, but the preparation leading up to the trial can take months.

Both sides will present their evidence, call witnesses, and make arguments.

A judge or jury will determine the outcome.

6. Appeals

If either party is unhappy with the trial outcome, they may appeal the decision.

The appeals process can add months or even years to the overall timeline.

Throughout the lawsuit process, your nursing home abuse attorney will keep you informed every step of the way, explaining any delays or changes in the timeline.

While the process can be time-consuming, pursuing a nursing home abuse lawsuit is often worth it for the justice and compensation your family deserves.

How Much Is the Compensation for Nursing Home Abuse Cases?

One of the primary goals for most nursing home neglect lawsuits is to secure financial compensation for the harm a nursing home resident has suffered.

Compensation can help cover various costs and provide some measure of justice for the pain and suffering they endured.

Because nursing home abuse cases can vary, there’s no set amount for how much you can recover.

Whatever your nursing home abuse lawyers calculate as your settlement, it will likely consist of the following types of damages:

Medical Bills

If your loved one needed medical treatment due to the abuse or neglect they suffered, you may be entitled to compensation for these costs.

This can include:

• Hospital stays
• Doctor visits
• Medication
• Physical therapy
• Any future medical care needed as a result of the abuse

Pain and Suffering Damages

Pain and suffering refer to the physical and emotional distress your loved one endured due to the abuse or neglect.

This type of compensation is more subjective and can vary based on:

• The severity of the injuries
• The emotional trauma they experienced
• How the abuse impacted their overall quality of life

Relocation Costs

In some cases, the abuse may have been severe enough that you decide to move your loved one to a different facility.

You can seek compensation for the costs of relocating them, including moving expenses and the cost of the new nursing home.

Wrongful Death Damages

If your loved one passed away as a result of nursing home abuse or neglect, you may be able to file a wrongful death lawsuit.

Compensation in a wrongful death case can cover:

• Funeral and burial expenses
• Medical costs related to the abuse prior to death
• Loss of companionship and emotional support
• Loss of income or financial support

Are You Thinking of Pursuing a Nursing Home Litigation? We're Here for You.

If you suspect that your loved one is a victim of nursing home abuse or neglect, don’t wait to take action.

The sooner you pursue legal action, the better your chances of building a strong case and protecting your loved one from further harm.

Filing a nursing home abuse lawsuit may seem overwhelming, but you don’t have to go through it alone.

We’re here for you if you’re considering a nursing home abuse lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you’re eligible to file a nursing home abuse claim.