Last Updated: February 26, 2021

Nursing Home Lawsuit: Nursing Home Injuries Happen More Often Than You Think

nursing home lawsuit

Nursing Home Lawsuit?  Injuries and Abuse at Nursing Home Is Far Too Common.  Here's What You Need To Know. 

Whether you’re a resident in a nursing home or your loved one is the resident, you want a high standard of care.

But, when harm, injury, or death befalls a patient due to negligence, what are your options?

In cases like these, a lawsuit can help.  But it is a last resort.

Settling a nursing home is often the better option. It avvoid the cost, and time delay of Court.  It also help avoid having to relive what may have been terrible experiences when your loved one was injured in a nursing home.

Not only can nursing home lawsuit cases provide monetary recompense, but it can also drive positive change in the facility itself.

Abuse is Far Too Common

Did you know 90% of nursing home residents report that they have experienced neglect?

Negligence in nursing homes is actually quite common, and if you don’t have the proper information ahead of time, it can be difficult to know what to do.

Many for-profit nursing homes protect themselves from regulations through subsidiaries. This doesn’t mean that negligence shouldn’t be reported, or that lawsuits shouldn’t be filed.

But, before going down that road, it’s important to understand what these unique types of nursing home cases entail.

This guide will show you not only what nursing home negligence is, but also how it can be proven and the results you might expect.

Keep reading to understand nursing home abuse cases.

nursing home lawsuit

Types of Nursing Home Lawsuit Cases

Before getting into the specifics of these types of cases, it’s important to understand that they can follow two paths.

Those paths are medical malpractice or personal injury.

Here are the subtle differences between the two:

  • Personal injury is physical harm inflicted on a person’s body. It excludes property or reputation damage. It covers a broad array of examples including accidents
  • Medical malpractice involves professional negligence. The negligence must be committed by a health care provider. The treatment they give must be substandard, and it must lead to harm, injury, or death of a patient.

Of the two, medical malpractice is more difficult to prove. It’s also where most nursing home lawsuit cases tend to fall if negligence is involved.

Types of Negligence

There are many different types of negligence that can be proven in a medical malpractice case. Each of these can lead to physical harm or injury, or even death.

The types of negligence most often seen in nursing homes include:

1. Healthcare providers giving improper hygienic, medical, or nutritional care to patients.

This includes failing to keep patients clean. It includes failing to provide a balanced diet. It also encompasses a failure to administer medication as directed.

2. Healthcare providers ignore nursing home residents.

An example of this type of negligence might include leaving patients in beds so long that they get bed sores.

3. Healthcare providers and facilities failing to provide safe premises.

Everything from wet floors that cause slips and falls to physical assaults from other residents can fall into this category.

4. Healthcare managers failing to train and supervise their employees.

Improper training leads employees to commit acts of negligence without knowing it. Even if they are unaware, the facility may still be responsible. Facilities that fail to surveil employees miss opportunities to prevent negligence.

Many facilities are bound to adhere to a standard of care set by Medicare. Failing to follow these standards can constitute negligence.

Proving Neglect

The burden of proving neglect in nursing home lawsuit cases falls on the plaintiff’s shoulders.

This is often the most difficult part of the case, but, with proper advice, these cases can be won.

There are two main ways a plaintiff can prove negligence:

  1. The act of neglect can be shown to have directly led to harm, injury, or death
  2. Expert testimony can add weight to the plaintiff’s claims.

The defendant, (the nursing home facility) will attempt to create doubt as to their responsibility should the case go to trial.

What to Expect

Rather than tackle nursing home lawsuit cases alone, many victims seek the aid of the legal representation.

With this kind of help, plaintiffs have an expert in their corner and can hope to obtain compensation in four different ways.

Medical Expenses

If a resident needs medical attention as a result of negligence in the nursing home, medical expenses may be reimbursed.

This may happen in or out of court. Because of this, any bills incurred by the patient should be saved, whether or not the patient has already paid them.

Pain and Suffering
Nursing home residents who have been victims of negligence may receive money for pain and suffering. This may be rewarded either in or out of court. This type of compensation is for physical distress only.

The amount paid can vary on a case-by-case basis and is separate from medical expenses. Plaintiffs might receive both, as well as other types of compensation.

Emotional Distress
Emotional suffering is different from physical suffering and often, can last a lot longer.

Plaintiffs who have suffered from negligence might be offered this type of compensation in addition to other types, or on its own.

Because emotions are intangible, this is one type of compensation that might be increased with expert testimony.

Punitive Damages

Punitive damages are usually awarded by a judge and are intended to punish the defendant if the plaintiff should win the lawsuit.  You have to plead them in your Complaint and they are usually only awarded if there is a law which allows them or if you can prove intentional or willful and wanton conduct, not just negligence.

Why would a judge want to assess punitive damages?

Because sometimes it takes a serious financial hit for a badly run nursing home to change its ways.

If the nursing home facility has to pay extra compensation, it has reason to correct its policies in the future. This, in turn, can lead to a healthier environment for residents.

Precisely how much money a plaintiff can expect from a lawsuit, depends on the case, the evidence, the nursing home facility in question, and other competing factors.

In this, as in all nursing home lawsuit cases, expert legal representation will be able to offer more specific expectations.

Getting Help

Nursing home lawsuits can seem daunting, which is why many choose to seek the assistance of a legal firm.

Choosing the right firm- one you can trust that has experience in nursing home negligence and abuse cases – is absolutely crucial.

We offer a free case consult. Here's how that works:

  • 100% free.
  • I answer your questions.
  • You tell me what happened.
  • I give you my plan.
  • You hire me if you want.  Or Not.
  • Either way, we part as friends and you have some answers and peace of mind.

"Hiring Scott was one of the best moves I have made in my life....5 star first class act who really knows his stuff."

car crash

Call Now.

Got any questions or looking for some legal advice? Reach out and talk to us.

We’re always happy to help.

Liked the Article?  Share It!

{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}

Related Posts

Page [tcb_pagination_current_page] of [tcb_pagination_total_pages]

Scott DeSalvo, Injury Lawyer - 312-500-4500

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too. You can call me 24/7/365, any time, day or night, to get a free copy of the Injury "Cheat Sheet" which gives you the Five Secrets to winning your injury case. 100% free & no obligation. Or, you can call and ask for a FREE case strategy session where I will answer all of your questions, 100% for free and no obligation. Call 312-500-4500. I look forward to hearing from you!

Get Your FREE Copy of the Injury "Cheat Sheet"

Learn the Secrets YOU Need to Know To Win Your Injury Case!

Injured At Their Nursing Home? Here’s What To Do.

Suspect Nursing Home Abuse? What To Do If You Suspect It

What to Expect in Your Nursing Home Abuse Case

Types Of Nursing Home Neglect

Types Of Nursing Home Negligence

Staying Active in Nursing Home

Nursing Home Abuse Lawyer…Looking For The Right One For You.

Slips And Falls At A Nursing Home: Here’s What To Do For Your Loved One.

Looking For A Nursing Home? Questions To Ask When Looking For A Nursing Home.

Signs Of Nursing Home Abuse

Illinois Nursing Home: How To Find A Quality One

Chicago Nursing Home Abuse? Here’s What To Do If You Suspect It.

Nursing Home Neglect: Emotional Vs. Physical Abuse and Neglect

Nursing Home Sexual Abuse

Nursing Home Neglect

Nursing Home Abuse Lawyer

Nursing Home Physical Abuse? What Is It? How To Discover If Its Happening

Nursing Home Abuse – Medication Errors

Nursing Home Abuse – Malnutrition & Dehydration

Nursing Home Abuse – Choking

Nursing Home Abuse and Bedsores

Nursing Home Neglect: Know The Types

Nursing Home Abuse? What Issues Cause It?

Passing At A Nursing Home: How To Handle A Loved One’s Passing

Nursing Home Abuse Attorney In Chicago? How To Find the Best One For You.

A 3-Step Guide to Help Prevent Nursing Home Abuse

Top Nursing Home Neglect Lawyer Gives You 5 Things To Look For In Your Nursing Home Search

Nursing Home Lawyer Chicago Gives 5 Questions To Ask Before Moving Into A Nursing Home

4 Signs your Loved One is Victim to Nursing Home Neglect

Injury Book and DVD for Nursing Home Abuse Victims

Prevent Nursing Home Abuse Advice From A Lawyer

Nursing Home Abuse Attorney Chicago Can Help Your Family In Case Of Abuse

Nursing Home Attorney? Do I Need One? Can They Help?

Nursing home abuse free book and cd.mp4

Nursing Home Abuse Lawyer Chicago Tells 3 Things You MUST DO

Fall at a Nursing Home? Here’s What You Need To Know About Nursing Home Falls

Nursing Home Case? Where’s What To DO, and What NEVER To Do.

Suspect Nursing Home Neglect? Here’s What You Should Do Right Now.

Nursing Home Attorney Reveals 3 Steps to Take if You Suspect Nursing Home Abuse

Nursing Home Neglect Lawyer? What is It Neglect? How To Prevent it?

When You Should Get a Lawyer for Nursing Home Abuse

Nursing Home Neglect Case: Everything You Need to Know

Nursing Home Abuse Lawyer: Signs You Need to Protect Relatives by Hiring One.

Elder Abuse at a Nursing Home? How To Report it and STOP It.

Questions to Ask Nursing Home Staff

Nursing Home Abuse and Neglect Injuries and Federal Law