Nursing Home Abuse Case Values

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 number of reimbursements these facilities receive from Medicare, there is a profit element to running a nursing home.

One of the first steps corporate nursing homeowners take when purchasing a facility is to lower their overhead by reducing the number of nursing home staff members available to care for elderly patients compromising the health care quality.

Did your loved one suffer elder abuse or die due to the negligence of a long-term care facility? If so, the personal injury attorneys at Nursing Home Law Center, LLC can offer your family legal help to pursue a lawsuit to recover compensation for the loss. Contact our law firm today toll-free at (800) 926 7565 for a free legal case review.

Injured Nursing Home Residents

This consequence on nursing home residents is that some get injured or hurt during their admission to a local nursing home. While sometimes referred to as elder abuse, nursing home neglect, or nursing home abuse, the result is the same for the victim - patients suffering needless harm due to poor care.

a free legal case review

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

  • Bed Sores: When nursing home staff members 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 as pressure sores, pressure ulcers, or decubitus ulcers) can be painful and lead to medical complications such as sepsis, osteomyelitis, or even death.
  • Falls: By law, nursing homes or assisted living facilities must create an individualized care plan for each patient. One of the areas for evaluation is the individual's 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, 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 center.
  • Wrongful Death: When a nursing home resident dies from an acute injury or due to medical complications stemming from neglect or abuse, the deceased's family may have grounds to file a wrongful death lawsuit against the facility to access compensation for their losses. The local laws applicable to these cases will significantly determine the nursing home abuse case values.
Nursing Home lawsuit Settlements

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

In the aftermath of a serious injury or death of a loved one at a nursing facility, feelings of grief and sorrow may shift towards looking for retribution and pursuing a nursing center lawsuit to access compensation on behalf of the victim and their family.

Generally, the law allows families to recover compensatory damages via nursing home litigation against a facility for the resident.

Jury awards

Compensatory damages include economic and non-economic damages against a facility to cover past and future medical expenses, health 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 facility's conduct, their loved ones may pursue a wrongful death lawsuit against the facility.

Elements of a Nursing Home Neglect Lawsuit

To successfully prosecute a nursing home abuse case, the plaintiff has the legal burden of proving their personal injury case.

Like other personal injury cases, a claim against a nursing center must prove duty, breach, and causation.

In the context of nursing home abuse cases, this means:

  • The eldercare home was legally responsible for providing care to the resident
  • The nursing home failed to provide the prescribed care
  • As a result of the negligent care, the resident suffered an injury or died
Nursing home abuse case values

What You Can Expect When Pursuing a Nursing Home Abuse Claim

After hiring an experienced nursing home negligence attorney for legal help, your case will likely proceed in the following process.

  • Record review and compilation: From the start, your experienced attorney will likely order all of your loved one's medical records from the facility where the neglect occurred and from any subsequent medical facilities or hospitals where care was provided. A doctor or nurse will likely review the documents and render professional medical advice on how and why errors happened.
  • Filing a lawsuit: Most abuse or negligence cases require litigation to get them resolved. Your nursing home abuse attorney will prepare legal paperwork, known as a complaint at law, and will file the lawsuit in the appropriate court. The complaint will state where the errors were made and name the parties responsible for the errors.
  • Discovery: There are two components of the discovery phase of a nursing home abuse lawsuit or a wrongful death lawsuit. The first part of the discovery process is written discovery, where written interrogatory questions are exchanged between the parties. The interrogatories may request specific information or documents. The second part of the discovery process is oral discovery, where depositions are taken from both the parties involved and any expert witnesses involved in the case.
  • Trial: Once the case's discovery phase is completed, the matter will be set for trial before a judge. Your lawyer may call you to testify about what you observed related to your loved one’s injury or death at trial. Unfortunately, the trial process can be stressful for all involved and filled with uncertainty when a jury verdict comes.

While the above set forth the pattern of how an assisted living facility abuse case may proceed, the reality is that each case takes on a life of its own. Many cases get resolved early in the nursing home litigation process, while others may head to trial.

Regarding a nursing home abuse settlement, the nursing home abuse claim may get resolved at any point from pre-litigation to trial.

Trial Verdict Values

Damages in a Nursing Home Abuse Case Due to Negligence

When valuing a nursing home abuse settlement, numerous factors come into play when determining nursing home abuse case values or jury awards.

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

Most jurisdictions recognize economic and non-economic damages in a nursing home abuse lawsuit, such as:

  • Medical expenses for current and future medical attention
  • Pain and suffering to the client from their injuries
  • Disability-related to the injury
  • Punitive damages

In cases where the loved ones died in the nursing care centers, the family members may pursue wrongful death lawsuits against the nursing facilities to recover fair nursing home abuse case values for their loss.

Trial Verdict Values

Other Factors Impacting the Valuation of Nursing Home Abuse Case Values

As much as we like to look at nursing home abuse case values in a granular manner, other factors need to be considered when evaluating a nursing center abuse settlement or a wrongful death suit.

The factors influencing the value of a nursing home settlement case include:

  • The extent of injury to the patient
  • Past and future medical care
  • Conduct of the offending facility
  • State laws related to eldercare abuse
  • The jurisdiction where the claim can be brought
  • Insurance coverage for the defendant (the nursing care center)
  • Age and quality of life of the individual at the time of the injury
  • Availability of punitive damages

Applying these criteria to a nursing home abuse claim can be subjective and relate to factors outside your control. An example would be the following.

Let's assume that patient 'A' goes to a skilled nursing facility for rehabilitation following a hip replacement surgery for short-term rehabilitation. Patient A is a 60-year-old nursing center resident and is generally healthy.

Staff at the nursing center fail to follow physician orders and allow the patient to develop advanced-stage bedsores (pressure sores) on the buttocks. The pressure sore requires surgical debridement and hospitalization.

As a result of the pressure sore and medical treatment, the patient accumulates $200,000 in medical bills.

Similarly, at the same facility, patient 'B' is a 90-year-old nursing home resident, physically disabled, who also develops stage four pressure sores that become infected. He ends up dying from sepsis.

While the injuries to these patients may appear similar, patient 'A' will likely receive a larger settlement than the family of patient 'B' due primarily to the fact that patient 'B' is older, has co-morbidities, and did not incur significant medical expenses before his death.

Free Case Review

Frequently Asked Questions Related to Nursing Home Abuse Settlement & Case Value

Below are some frequently asked questions about the valuation of nursing home lawsuit settlements involving neglect or elder abuse.

We appreciate that you may have additional questions related to your situation. We welcome you to contact us for a free consultation and case review with a nursing home abuse attorney near you.

What is the Average Settlement for a Nursing Home Abuse or Neglect Lawsuit?

If you are looking for information about the average nursing center abuse settlement, most of the figures presented are going to be misleading unless you have an understanding of them in context.

The truth is that many nursing home lawsuit settlements are relatively quiet. They may have a confidentiality clause requiring the parties not to disclose the figures or circumstances involved in some nursing home abuse cases.

According to Health Affairs, the average nursing home abuse case settled for a little over $400,000. The catch here is that the settlement values were based on data reported by attorneys who represent clients in nursing care center injury and wrongful death cases. Anytime you take data from voluntary reporting, there may be an inherent inaccuracy.

Consequently, we have compiled data according to state jurisdiction and type of personal injury case on the website pages to give you concrete examples of how nursing home abuse case values may be valued.

Nonetheless, it should go without saying that you should consult with a lawyer who has experience in your area before drawing any conclusions about nursing home settlement values.

How Do You Prove Nursing Home Abuse or Neglect?

Nursing home neglect or abuse is proved with the assistance of doctors and nurses who have experience with nursing care.

A medical professional will evaluate your loved one's medical records from the facility where the incident occurred to determine what the prescribed medical care was intended to be versus what was actually done.

In addition to reviewing the medical chart, the medical experts will also render professional medical advice related to the standard of care in a particular situation and how the failure to adhere to the standard of care resulted in a patient injury.

How Long Does it Take to Settle a Nursing Home Lawsuit?

According to courts in most jurisdictions, most nursing home abuse lawsuits take 12 to 24 months to resolve.

While some nursing home abuse cases get resolved faster, families should be prepared for cases to be pending for some time due to the complexity of the medical aspects of the nursing home abuse case. Most cases require numerous depositions from both fact witnesses and experts.

Will My Nursing Home Abuse Case or a Wrongful Death Case for a Loved One Settle Before Trial?

The majority of cases settle at some point during the litigation process, either in negotiations between the lawyers representing the family members of the nursing home patient and the lawyers representing the nursing center or during a mediation session where a mediator attempts to reconcile the parties to get the wrongful death or nursing home abuse case resolved.

To position each nursing home abuse case for the best possible settlement amount, many cases get resolved shortly before trial when attorneys defending a nursing care center have had a sufficient chance to learn about the issues in the nursing home abuse case and the client involved.

How Long Do I Have to File a Nursing Home Abuse Claim?

All civil claims for damages against nursing homes or an assisted living facility must be filed within a prescribed time, known as the statute of limitations.

Your elder abuse case must be filed or resolved within the statute of limitations. Your claim or a wrongful death suit if you lost a loved one will be forever barred, and you will be unable to recover any nursing home settlements.

The statute of limitations will be determined by the jurisdiction where the incident occurred and the legal structure of the facility owner. Due to the importance of the statute of limitations in nursing home abuse cases, it is essential to consult with an experienced attorney who can advise your family of the applicable law and time for filing a nursing center lawsuit.

Nursing Home Negligence Case

Let Our Attorneys Assist You to Resolve a Nursing Home Abuse or Negligence Case

The Nursing Home Law Center, LLC 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 that entitles you and your family to financial compensation.

Call our law firm at (800) 926-7565 or contact our nursing home abuse attorneys today for a free case review by submitting a contact form to see how we can help you.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Resources:

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