Nursing Home Neglect Lawyer

Expert Legal Counsel for Victims of Neglect in Nursing Homes 

A nursing home neglect lawyer plays a vital role in protecting some of the most vulnerable members of our society: elderly residents who suffer due to inexcusable failures in care. Nursing home neglect is a serious issue that can lead to serious injuries, emotional trauma, and even death. 

Our law firm is dedicated to standing up for victims and their family members, holding nursing homes and assisted living facilities accountable nationwide. We work to expose neglect within the nursing home industry, ensure residents receive proper care, and pursue the financial compensation victims and their families deserve.

Nursing Home Neglect Settlements & Verdicts Recovered by Our Law Firm

$2,150,000 Settlement – Margaret, an 83-year-old nursing home patient, developed untreated bedsores that became severely infected. Despite visible signs of medical neglect, the facility failed to provide proper medical care, leading to sepsis and her death. Extensive medical records and clear evidence of neglect impacted the case value.

$1,700,000 Settlement – Thomas, 63, suffered a hip fracture and subdural hematoma after a preventable fall in a nursing facility. Despite known fall risks, staff failed to implement basic precautions. Witness statements and documented nursing home negligence strengthened the value of his case.

Why Choose Nursing Home Law Center

Families across the country trust us because we are the best nursing home neglect lawyers for their case, with a proven record. Our attorneys have recovered millions for clients and are recognized by Super Lawyers and the Million Dollar Advocates Forum. Backed by decades of experience, our top-rated nursing home abuse attorneys work tirelessly to hold negligent facilities accountable and secure meaningful results.

Types of Nursing Home Neglect Cases We Handle

At Nursing Home Law Center, we represent families nationwide in a wide range of nursing home neglect cases, from untreated medical conditions to fatal injuries caused by careless or abusive care.

Pressure Ulcers

Bed sores often develop when nursing home patients are left in the same position for too long without assistance. These injuries are painful, preventable, and a clear sign of nursing home neglect. If left untreated, they can become infected, leading to sepsis or even death. 

A top-rated nursing home bedsore attorney can help determine whether staff failed to provide proper medical care or follow medical guidelines.

Infections

Infections in nursing homes often result from unsanitary conditions, poor hygiene, or delayed medical treatment. Urinary tract infections, respiratory illnesses, and infected wounds are common when staff fail to monitor or respond appropriately. These conditions can worsen quickly for elderly residents. 

An experienced nursing home infection lawyer can investigate whether the facility took proper steps to protect its residents.

Malnutrition and Dehydration

Failing to provide residents with adequate food and fluids is a form of negligence. Nursing home neglect cases involving malnutrition or dehydration often show signs like sudden weight loss, confusion, or physical weakness. These situations can lead to more serious health issues or even death. 

A nursing home dehydration lawyer can help uncover whether staff failed in their duties to provide adequate nutrition and hydration.

Medical Malpractice

Medical malpractice in nursing homes often involves delayed treatment and failure to monitor health conditions, which can cause lasting harm or even death. At the same time, medication mistakes—such as missed doses, incorrect prescriptions, or dangerous drug interactions—are alarmingly common and can be life-threatening. 

These errors are often linked to understaffing or poor training. A top-rated nursing home medication error lawyer will review healthcare records, consult with medical experts, and determine whether medical negligence contributed to a resident’s injuries.

Inadequate Supervision

Many residents need continuous supervision to stay safe. When nursing home staff members fail to provide proper oversight, residents can suffer falls, go missing (elope), or experience medical emergencies without help. These incidents are often signs of nursing home neglect, especially when the facility knows a resident is a fall risk or has cognitive impairments like dementia. 

Fall victims usually suffer broken bones, head trauma, or permanent disability. A nursing home neglect lawyer can investigate whether poor staffing, lack of safety protocols, or outright disregard led to your loved one’s injuries.

Wrongful Death

Losing a loved one due to nursing home neglect is devastating, especially when the death was preventable. Fatality can result from medical negligence, untreated infections, undiagnosed injuries, falls, or even physical abuse. 

A nursing home neglect attorney can help determine what went wrong, whether the facility failed to follow care standards, and how to pursue compensation. No amount of money can undo the loss, but holding the nursing facility accountable may help prevent future tragedies.

What Are the Most Common Causes of Nursing Home Neglect?

Nursing home neglect is often the result of systemic failures, especially in for-profit nursing home facilities where cutting costs takes priority over resident safety. One of the leading causes is chronic understaffing. There simply aren’t enough qualified staff members to provide the level of proper care that residents need. 

Even when staff are present, poor training, lack of oversight, and failure to follow basic safety protocols contribute to dangerous outcomes. In some cases, residents are subjected to overmedication with sedatives—used as chemical restraints—which can lead to further health complications. 

Unsafe environments due to poor maintenance, broken equipment, or inadequate fall prevention measures also put residents at risk. These issues are all signs of profound negligence that can lead to serious injuries or death.

What Damages Can Nursing Home Neglect Victims Recover?

Victims of nursing home neglect may be eligible to recover several types of damages, depending on the circumstances of the case.

Economic damages include direct financial losses related to the neglect. This can cover medical bills, such as hospital expenses, medications, and the cost of ongoing medical treatment or rehabilitation. If the resident had to be relocated to a different nursing facility, the cost of transferring to a safer environment may also be included.

Non-economic damages focus on the personal impact of the neglect. These may include pain and suffering, emotional distress, and loss of enjoyment of life–all of which reflect how the resident’s quality of life was affected by the negligent or abusive actions they endured.

In cases where nursing home negligence led to death, surviving family members may pursue compensation for funeral and burial expenses, as well as the emotional loss of their loved one. A nursing home neglect attorney can help determine what damages apply and fight to recover fair financial compensation.

What Is the Average Nursing Home Neglect Settlement?

Based on Law.com’s VerdictSearch, the average nursing home neglect settlement is approximately $10.6 million, with a median settlement of $1,302,375. The reported value range spans from $50,000 to over $250 million.

Several key factors influence settlement and verdict amounts in nursing home neglect claims:

• Severity of harm: Cases involving severe injuries, permanent disability, or death tend to result in higher compensation.
• Type of neglect or abuse: Claims involving medical malpractice, physical abuse, or long-term medical negligence often receive higher awards.
• Strength of evidence: Clear medical records, witness statements, and documentation of the facility’s failure to provide quality care can significantly impact the outcome.
• Venue: Some jurisdictions are more favorable to plaintiffs.
• Award type: Verdicts tend to be higher than settlements, especially when a jury is persuaded by the extent of the neglect.
• Legal representation: Working with a top-rated nursing home abuse lawyer can make a significant difference in the amount recovered.

Example Nursing Home Neglect Cases

$45.5 Million Verdict – Negligent Hiring Leads to Death of Disabled Woman

Ilana Solomon, a 26-year-old developmentally disabled woman, drowned after being left unattended in a bathtub by a caregiver with a documented history of neglect. Her parents sued multiple parties for wrongful death, negligent hiring, and misrepresentation, arguing the caregiver had been rehired despite repeated disciplinary issues. 

The defendants admitted negligence but denied intentional wrongdoing. A jury awarded $45.5 million in compensatory damages, including amounts to Solomon’s estate and her parents, after finding the caregiver’s actions constituted abuse and the agencies failed in their oversight.

$42.75 Million Verdict – Dehydration and Bedsores Result in Death

Joseph Offutt, 92, died just days after entering a nursing home, suffering from severe dehydration and bedsores. His family alleged medical neglect, understaffing, and violations of resident rights, claiming staff failed to monitor hydration or provide basic hygiene. 

The defendants argued that his preexisting conditions caused his death and denied wrongdoing. The jury found reckless conduct and awarded $2.75 million in compensatory damages to the estate and his widow, plus $40 million in punitive damages, holding the facility and corporate owners responsible for the neglect.

How Common Is Neglect in Nursing Homes and Assisted Living Facilities?

Elder neglect is a serious problem in care facilities nationwide. The issue is widespread, with thousands of complaints and lawsuits yearly against institutions for nursing home neglect. 

Nursing home abuse statistics by the National Center on Elder Abuse report that roughly 11.6% of all nursing home abuse cases involve negligent behavior, and the National Institute on Aging (NIA) states that hundreds of thousands of elderly Americans suffer abuse each year. 

According to the World Health Organization (WHO), 2 out of 3 nursing home staff members have admitted to committing some type of nursing home abuse within the last year.  

One of the reasons nursing home neglect is so prevalent is due to the vulnerability of older adults. Many of them are facing mental illness, cognitive impairment, or physical decline, making them easier targets of mistreatment. The impact of nursing home abuse and neglect can be devastating, causing injuries, infections, worsening conditions, or death.  

Why You Need a Nursing Home Neglect Lawyer

Proving nursing home neglect isn’t always straightforward. Facilities often claim a resident’s decline was due to age or illness, not negligent or abusive actions. Gaining access to healthcare records, staff schedules, and internal reports can be difficult, especially when large corporate nursing home chains and insurers are involved. 

A nursing home neglect lawyer understands how to build a strong case, using state regulations, CMS reports, and administrative complaint findings to show where the facility failed. Working with an attorney experienced in these cases is essential to uncover the truth and pursue fair compensation for your loved one’s harm.

What Laws Protect Nursing Home Residents From Neglect?

The regulations below define the level of care residents must receive, require prompt reporting of any suspected abuse or neglect, and allow for enforcement actions against nursing facilities that violate those standards.

Nursing Home Reform Act

The Nursing Home Reform Act (NHRA) of 1987 sets nationwide standards for care in federally funded nursing home facilities, requiring them to provide services that maintain or improve each resident’s health and well-being. 

It gives nursing home residents the right to be free from abuse, neglect, and financial exploitation, and mandates regular assessments and care plans. Violations can lead to fines, facility closures, or loss of Medicare and Medicaid funding.

Elder Justice Act

The Elder Justice Act (EJA) of 2010 was enacted to combat elder mistreatment in long-term care settings, including assisted living facilities and nursing homes. It requires employees of federally funded facilities to report suspected neglect within 24 hours–or face civil penalties. 

The law also funds elder abuse prevention programs and supports investigations into nursing home neglect, helping to hold negligent facilities accountable.

Older Americans Act

The Older Americans Act (OAA) helps protect residents by funding programs like the Long-Term Care Ombudsman, which investigates complaints of home abuse and neglect. Ombudsmen advocate for residents’ rights, monitor conditions in nursing facilities, and help families report concerns. 

While the OAA doesn’t allow private lawsuits, it plays a key role in identifying neglect, improving oversight, and supporting victims of nursing home negligence.

How Long Do Victims Have to File a Nursing Home Neglect Lawsuit?

In most states, the statute of limitations for filing a nursing home neglect lawsuit is between two and four years. The timeframe typically begins when the neglect occurred or when it was first discovered. However, certain circumstances can affect how long you have to bring a claim. 

Speaking with an experienced nursing home lawyer ensures your case is filed on time and your right to pursue justice is preserved.

Who Is Legally Liable for Nursing Home Neglect?

Legal responsibility for nursing home neglect can extend to several parties. While individual caregivers may be held liable in rare situations, accountability most often falls on nursing home operators and their corporate owners who set staffing levels and policies. Facility administrators and supervisors may also face liability if they fail to enforce safety standards, ignore complaints, or allow neglect to occur. 

In some cases, third-party medical providers or contractors–such as outside doctors, therapists, or pharmacy services–can share responsibility when their actions or omissions contributed to the harm. A skilled nursing home attorney can identify all liable parties.

Common Defenses in Nursing Home Abuse or Neglect Cases

In many cases of nursing home neglect or abuse, facilities and their insurers raise common defenses to avoid liability. One frequent argument is that the resident’s injuries were the result of “natural aging decline” rather than negligence. 

Defendants may also point to pre-existing medical conditions—such as dementia, diabetes, or frailty—as the sole cause of harm. Another defense is lack of notice, claiming the facility was unaware of a hazard, such as a wet floor that caused a fall. Finally, some facilities argue that they complied with minimum state or federal standards, even if the quality of care provided was clearly inadequate.

At Nursing Home Law Center, our attorneys know how to challenge these defenses effectively. We use expert medical testimony to show that injuries were preventable, not inevitable. We examine facility records to uncover patterns of neglect, from understaffing to missed treatments. 

We also take staff depositions to reveal inconsistencies in their accounts. These tools allow a nursing home neglect lawyer to prove when the mistreatment truly occurred.

How to Strengthen Your Nursing Home Neglect Case

If your loved one is in immediate danger, the first step is to relocate them to a safer nursing home. Document signs of nursing home neglect by taking photos, saving healthcare records, and gathering witness statements from others who observed poor care. 

Reporting concerns to the state ombudsman or regulatory agency is also essential, as it creates an official record of the mistreatment. Finally, reaching out to a specialized nursing home neglect lawyer early helps preserve key evidence and strengthens your case for fair compensation.

How to Report Neglect in a Nursing Home Facility

When signs of nursing home neglect appear, taking swift action can protect your loved one and help hold the facility accountable. You can file a report through several trusted channels:

• National Adult Protective Services Association (NAPSA) – Call the APS hotline or reach out to your state’s APS office to report suspected abuse or neglect.
• National Center on Elder Abuse (NCEA) – Offers resources and directs families to the proper reporting agency in their state.
• Law enforcement – Contact local police or the sheriff’s department if you believe a crime has been committed. In cases involving violence, officers may open a criminal investigation.
• Long-Term Care Ombudsman Program – Ombudsmen advocate for nursing home residents and investigate reports of abuse and neglect. Each state’s ombudsman can be located through the National Consumer Voice for Quality Long-Term Care.
• U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) – File a complaint with HHS OCR if neglect involves violations of federal rights or Medicare/Medicaid standards.
• Corporate compliance office – If the nursing facility is part of a larger chain, reporting to the corporate office may prompt an internal review.

How We Handle Nursing Home Abuse Cases

An experienced nursing home neglect attorney can provide the resources and knowledge needed to hold facilities accountable for negligent or abusive actions. As specialized personal injury lawyers, we conduct independent investigations, often working with medical experts to show how injuries resulted from poor care rather than natural aging. 

We can gather evidence such as staffing logs, inspection reports, and medical records, which often reveal patterns of nursing home negligence. In addition to filing nursing home lawsuits, we can also file administrative complaints with state or federal agencies to increase pressure on the facility. 

If a settlement offer is made, we can negotiate fair compensation for medical bills, emotional distress, and other damages. When necessary, we are prepared to take cases to trial, presenting evidence to a jury to hold negligent facilities accountable.

FAQs

What is the difference between nursing home abuse and neglect?

While often linked, nursing home abuse and nursing home neglect are legally distinct. Abuse involves deliberate acts that cause harm, such as physical, financial, or sexual abuse. Neglect occurs when staff members fail to provide the proper care a resident needs, whether through ignoring medical needs, failing to provide supervision, or not providing adequate food and hydration. 

Both can result in severe injuries, emotional trauma, or even death. A nursing home neglect lawyer can help families understand these differences and hold facilities accountable for either form of misconduct.

What is nursing home negligence?

Negligence occurs when a nursing facility does not meet the accepted standard of care, putting residents at risk of harm. Examples include untreated pressure ulcers, inadequate supervision leading to falls, or medical negligence, such as not providing timely treatment or medication errors. Even without intentional harm, these failures can cause serious physical and psychological harm or even death.

Who can file a nursing home neglect lawsuit?

A nursing home neglect lawsuit can typically be filed by the resident, their legal guardian, or immediate family members. In fatal cases, the resident’s estate may bring the claim. A nursing home neglect lawyer can explain who has standing to file in your state.

What evidence is needed to prove nursing home neglect?

Key evidence may include medical records showing untreated conditions, photographs of injuries like pressure ulcers, and statements from visitors or other residents. Facility documents such as staffing schedules, inspection reports, or prior complaints can also reveal patterns of abuse or neglect. With this information, a nursing home neglect attorney can build a strong case to demonstrate how the facility failed to provide quality care and seek fair compensation for the resident or their family members.

How much does a nursing home abuse attorney cost?

Our nursing home neglect attorneys work on a contingency fee basis, meaning clients pay nothing up front. Legal fees are collected only if the case is successful. This allows family members to pursue justice without adding to existing financial strain.

Book a Free Consultation With a Nursing Home Lawyer

The Nursing Home Law Center is the firm you need for your nursing home abuse lawsuit. Our team knows what it takes to pursue damages on behalf of residents who have suffered nursing home neglect, physical harm, financial exploitation, or emotional elder abuse.  

Many nursing home residents have secured compensation for their suffering with our help, and we are ready to dedicate our efforts to your cause. 

Contact our law office today at 800-926-7565 or complete the online form to request a free case review with an experienced nursing home neglect attorney.