Coronavirus Update: Impact on Nursing Home Patients Learn More ›

Nursing Home Abuse Settlements (How Much Is Your Case Worth?)

As much as we focus on nursing homes as places where our loved ones can go to receive skilled care as their health fails, others look at nursing homes through a different lens.

Given the high cost of nursing home care in the United States and the amount of reimbursements that these facilities receive from Medicare, there is a profit element to running a nursing home.

Simply stated, nursing homes are an industry where a large number of people have made a lot of money. This makes owning skilled nursing facilities, care facilities, and assisted living facilities an attractive business opportunity for both private and publicly owned entities.

One of the first steps corporate nursing home owners do when they purchase a facility is lower their overhead by reducing the number of nursing home staff members available to care for elderly patients.

Injured Nursing Home Residents

The consequence of this on nursing home residents is that some of them get injured or hurt during their admission to a nursing facility. While sometimes referred to as 'nursing home abuse' or 'nursing home neglect', the end result is the same-- patients suffering needless harm due to poor care.

Most nursing home injuries can be categorized as falling into the following:

  • Bed Sores: When nursing home staff fail to keep patients clean and dry and mobile, patients are at a heightened risk for developing a wound on bony parts of their body such as their buttocks or heels. An advanced bed sore (also known at pressure sore, pressure ulcer or decubitus ulcer) can be painful and lead to medical complications such as sepsis, osteomyelitis or even death.
  • Falls: By law, nursing facilities must create an individualized plan of care for each patient. One of the areas for evaluation is the individuals propensity to fall-- and safeguard measures that should be implemented. When facilities fail to implement proper fall precautions patients may suffer injuries such as broken bones, fractured hips and brain injury or subdural hematoma.
  • General Neglect: When patients are neglected or not properly cared for, they can develop serious injuries or complications. Case types falling in this area may include malnutrition, dehydration, urinary-tract infections, medication errors or even elopement or wandering from the nursing facility.

Nursing Home Attorneys Committed to Holding Long-Term Care Facilities Accountable for Serious Injuries

In the aftermath of a serious injury or death of a family member at a nursing facility, feelings of grief and sorrow may eventually shift towards looking for retribution and pursuing a lawsuit to collect financial compensation.

Generally, the law allows families to recover compensatory damages via nursing home litigation against a facility. Compensatory damages include both economic and non-economic damages against at facility to cover past and future medical bills medical care and other losses due to an injury such as pain and suffering or disability.

In cases of extreme recklessness, the family may be allowed to pursue punitive damages in a lawsuit against the facility or rehabilitation center.

When an elderly nursing home patient dies due to the conduct of the facility, family members may pursue a wrongful death lawsuit against the facility.

The purpose of this section of the website is to provide you with how different case types are evaluated in different jurisdictions from the perspective of the plaintiff (party bringing the lawsuit) and defendant (party being sued).

Should you have additional questions about a nursing home lawsuit or medical malpractice case, you are welcome to discuss your situation with an experienced nursing home abuse lawyer in your area.

Emergence of Corporate Ownership in Nursing Home Abuse Cases

There have been a high number of transactions in the nursing home chain space in recent years, although the market has started to cool in light of particular challenges that the industry is facing. Specifically, private equity companies have found skilled nursing facilities to be a prime target for their activity and all of the investor money that they have to put to work.

For these funds, nursing homes have several different valuable assets that can help boost private equity returns. There is both the actual home as well as the real estate on which the home is located. Although it is detrimental to the overall business of the nursing home, private equity companies have found a way to leverage these two assets to boost their bottom lines.

Many times, the nursing homes enter into rental agreements with holding companies for the real estate, which does not benefit the patients in any way. At the same time, care in these facilities suffer.

Factors Impacting the Valuation of a Nursing Home Abuse Case

When it comes to valuing a nursing home abuse settlement, there are numerous factors that come into play when it comes to a final settlement amount or jury verdict. The nursing home negligence lawyers affiliated with the Nursing Home Law Center have experience representing individuals and families in litigation against long-term care facilities.

Unlike typical 'personal injury' cases which may look to 'hard' economic damages such as medical bills and lost wages, most nursing home lawsuits look at the conduct of the facility and the impact that it has on the individual.

Nonetheless, factor that may influence the value of a nursing home case include:

  • Extent of injury to the patient
  • Past and future medical care
  • Conduct of the offending facility
  • Jurisdiction where the claim can be brought
  • Insurance coverage for the facility
  • Age and quality of life of the individual at the time of the injury

Business First, Home Residents Needs Second

All of these reflect the fact that nursing homes are businesses at their core. While families view skilled nursing facilities as a place where their loved one can be treated with dignity and care, owners of these facilities are often viewing them as a business out of which they can squeeze extra profits by engaging in complicated related-party transactions and slashing nursing home staff.

Especially after a nursing home is sold, the new owner often has a motivation to justify the purchase price paid and may try to cut expenses. While this may be praised by shareholders, the consequences for vulnerable patients can be devastating.

Let Our Attorneys Assist You With a Nursing Home Negligence Case

The Nursing Home Law Center LLC affiliated attorneys have a long track record of success in dealing with nursing homes that have attempted to maximize profits by cutting staff and other corners.

When this results in an injury or unexpected death to your family member, we can help you take legal action which can entitle you and your family to financial compensation. Below you will find links to information about settlement amounts within different states related to elder abuse cases.

Call or contact us today for a free consultation at (800) 726-9565 to see how we can help you.

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric