Nursing Home Abuse Lawsuit [2024 Guide]

Nursing Home Abuse and Neglect is a Pervasive Issue

Nursing home abuse and neglect represent severe violations of trust and care that can have devastating impacts on residents and their families.

Abuse is any intentional act that causes harm, while neglect involves the failure to provide necessary care, leading to injury or deterioration in health.

Elder abuse cases are on the rise.

According to the World Health Organization, one in six older adults has experienced some form of abuse in community settings.

Within healthcare facility settings, cases are much higher, with rates peaking during the COVID-19 pandemic.

This alarming statistic underscores the need for vigilance and awareness of the issue.

If your family member or loved one has suffered from abuse or neglect in a nursing home or assisted living facility, you may be eligible to file a Nursing Home Abuse Lawsuit and seek compensation.

Contact the experienced Nursing Home Lawyers at TorHoerman Law for a free consultation.

You can also use the chatbot on this page for an instant and free case review to find out if you are eligible to file a Nursing Home Abuse Lawsuit today.

Types of Nursing Home Abuse

Nursing home abuse can occur in various forms, each with its unique characteristics and consequences.

Beyond physical abuse, nursing home neglect and abuse can manifest in a variety of disturbing ways, each resulting in lasting emotional and physical trauma.

Physical Abuse

Physical abuse is one of the most common forms of abuse in a nursing care setting.

It involves intentionally using force against a resident, leading to injury or pain.

This can include hitting, slapping, pushing, or using restraints without medical justification.

Such actions not only inflict physical harm but can also lead to psychological trauma.

Several signs can indicate physical abuse, including:

• Bruises
• Cuts
• Fractures
• Unexplained injuries
• Burns

If you spot any of the following on your loved one, document it.

Evidence, such as documentation and photos or videos, will be critical when you sue a nursing home for negligence and elder abuse.

Sexual Abuse

Nursing home abuse can also unfortunately be in the form of sexual abuse.

Sexual abuse refers to any non-consensual sexual contact or behavior directed toward a resident.

This is an especially heinous form of abuse, given the vulnerability of nursing home residents who may be unable to communicate their distress.

There are several examples of acts that constitute sexual abuse in a nursing home setting, including unwanted touching, sexual assault, or any sexual activity without consent.

Financial Abuse or Exploitation

Within nursing homes, residents can also be taken advantage of financially.

Nursing home facilities become liable for financial abuse or exploitation.

Financial exploitation is another form of nursing home abuse and involves the unauthorized use or theft of a resident’s financial resources.

This type of abuse often involves deceitful manipulation, targeting residents who may be confused or unable to manage their finances.

Nursing home personnel can exploit elderly residents in several ways.

Personnel can perform unauthorized withdrawals from the resident’s bank account, forge signatures, or even take personal belongings.

Psychological or Emotional Abuse

This form of abuse includes verbal assaults, threats, intimidation, or any behavior that causes emotional distress.

Emotional abuse can be as damaging as physical abuse, often leading to long-lasting psychological effects.

Nursing Home Neglect

Nursing home neglect occurs when caregivers fail to provide the necessary care, leading to deterioration in health or well-being.

Neglect is often subtle but equally dangerous, as it can exacerbate existing health issues or lead to new ones.

Suspect that a nursing home hasn’t attended to your loved one’s needs if you see the following:

• Malnutrition
• Dehydration
• Poor hygiene
• Untreated medical conditions
• Bedsores

Elopement

Sometimes, residents can leave nursing care homes unsupervised.

This is what’s referred to as elopement.

Elopement involves residents wandering away from a facility due to inadequate supervision.

This is particularly concerning for residents with cognitive impairments, such as dementia, who may not be able to find their way back.

During these incidents, the nursing home’s failure to provide supervision can render the facility liable.

A nursing home facility from where a resident eloped can also be liable for any failure to report the incident promptly.

If the resident sustains an injury after leaving the nursing home, the facility can also be liable even if the resident’s injuries occurred outside its premises.

Elopement from a nursing home is a leading cause of death in nursing home neglect cases.

Signs and Symptoms of Nursing Home Abuse

Recognizing the signs and symptoms of nursing home abuse is crucial for early intervention.

While some indicators are overt, others require keen observation.

Understanding these warning signs can empower loved ones to take action before the abuse escalates.

It’s essential to remain vigilant and responsive to any concerns, as early detection can prevent further harm and lead to appropriate legal remedies.

Physical Signs of Nursing Home Negligence and Abuse

Physical signs of abuse and neglect in nursing homes can be particularly telling and often serve as visible evidence of mistreatment. T

hese indicators should never be ignored, as they may point to serious underlying issues.

The physical manifestations of abuse include:

• Bruises and Cuts: Unexplained bruises, cuts, or welts in different stages of healing.
• Fractures: Frequent or unexplained fractures or sprains.
• Bedsores: Pressure ulcers or bedsores, often resulting from medical neglect.
• Weight Loss: Sudden or unexplained weight loss, indicating possible malnutrition.
• Restraint Marks: Marks on wrists or ankles from being physically restrained.

Behavioral Changes Related to Nursing Home Abuse

Besides the physical signs of abuse, there will also be behavioral cues that can indicate that your loved one suffered from nursing home abuse.

These changes in behavior can often be subtle but are just as significant as physical symptoms.

Paying close attention to your loved one’s emotional and psychological state is essential, as these shifts can reveal the hidden impact of abuse.

Behavioral changes to watch out for include:

• Withdrawal: Sudden withdrawal from activities or social interactions.
• Fearfulness: Unusual fear or anxiety, particularly around certain caregivers.
• Depression: Signs of depression, including sadness, lethargy, or lack of interest in previously enjoyed activities.
• Agitation: Increased agitation or aggression without a clear cause.
• Sleep Disturbances: Changes in sleep patterns, such as insomnia or excessive sleep.

Financial Indicators of Nursing Home Exploitation

Financial exploitation is another form of abuse that can occur in nursing homes, often going unnoticed until significant damage has been done.

This type of abuse involves the unauthorized use or manipulation of a resident’s financial resources. I

t’s essential to monitor financial activities closely to identify any irregularities that may suggest exploitation.

Indicators can include:

• Unexplained Withdrawals: Frequent or large withdrawals from bank accounts.
• Missing Belongings: Personal items or valuables that have gone missing.
• Unpaid Bills: Bills that remain unpaid despite the availability of funds.
• Unusual Transactions: Transactions or account changes that the resident did not authorize.

Signs of Nursing Home Neglect

Neglect in nursing homes can be just as harmful as outright abuse, often leading to severe consequences for residents.

Nursing home neglect occurs when a facility fails to provide the basic care and attention that residents need to maintain their health and well-being.

Recognizing the signs of neglect is crucial to ensuring that your loved one receives the proper care they deserve.

Tell-tale signs that you’re loved one isn’t getting sufficient care from the nursing care facility include:

• Poor Hygiene: Residents with unkempt appearances, such as dirty clothing or unwashed hair.
• Unsanitary Living Conditions: Unclean living areas, including soiled bedding or unpleasant odors.
• Untreated Medical Conditions: Worsening medical conditions due to lack of care.
• Dehydration and Malnutrition: Signs of dehydration or malnutrition, such as dry skin or brittle hair.
• Decubitus Ulcers or Bedsores: Particularly prevalent in bedridden residents, bedsores indicate inadequate turning or changes in lying position.

What To Do If You Suspect Nursing Home Abuse

Discovering potential nursing home abuse involving a family member or loved one can be a distressing and overwhelming experience.

By acting quickly and decisively, you can ensure your loved one’s safety and begin the process of holding the responsible parties accountable.

Steps on what you should do if you suspect nursing home abuse include:

1. Observe your loved one and document signs of abuse
2. Communicate with your loved one about what they’re experiencing
3. Consult with medical professionals
4. Report abuse to the authorities
5. Speak with the nursing home facility’s administration
6. Relocate your loved one if necessary

1. Observe Your Loved One and Document Signs of Abuse

The first step is to observe and document any signs or symptoms of abuse or neglect.

Pay close attention to unexplained injuries, changes in behavior, or any signs of neglect, such as poor hygiene or malnutrition.

You must record these observations meticulously, noting the dates, times, and specific details of each incident.

If you notice any physical injuries, take photographs as evidence.

Keeping a detailed journal of your observations will help build a strong case later on and provide a clear timeline of events.

2. Communicate With Your Loved One About What They’re Experiencing

Have an open and compassionate conversation with your loved one.

Approach the topic gently and ask them about their experiences in the nursing home.

You should encourage them to share any concerns or discomforts they might have.

Keep in mind that many victims of abuse may feel scared, embarrassed, or confused about their situation.

Reassure them that you are there to support and protect them, and emphasize that their safety is your top priority.

Listen carefully to what they have to say, as their input is invaluable in understanding the situation.

3. Consult With Medical Professionals

If your loved one has any physical injuries or shows signs of neglect, seek a thorough medical evaluation as soon as possible.

Medical professionals can assess their condition and provide a report that may confirm or refute your suspicions.

A doctor’s evaluation can be instrumental in identifying signs of abuse that may not be immediately visible.

Inform the healthcare provider of your concerns so they can conduct a thorough examination.

You’ll also want to obtain copies of any medical records, reports, or photographs taken during the examination, as these can be crucial pieces of evidence in the later legal process.

4. Report Abuse to the Authorities

Once you have gathered sufficient evidence and are confident that abuse has occurred, you must report the situation to the appropriate authorities.

You can contact local authorities, depending on which state you’re in.

If you’re in Missouri, the Missouri Department of Health and Senior Services will handle your complaint.

You can contact the Illinois Department of Aging if the abuse of your loved one took place in Illinois.

These bodies will investigate the allegations and determine whether the nursing home has violated any regulations.

Consider notifying local law enforcement if the situation appears criminal.

Reporting the abuse is a critical step in ensuring the safety of your loved one and potentially preventing further harm to other residents.

When making a report, provide as much detailed information as possible, including your observations, medical reports, and any evidence you’ve collected.

5. Speak With the Nursing Home Facility’s Administration

Communicating with the nursing home administration can be a necessary step in addressing the issue.

Request a meeting with the facility’s management to discuss your concerns and present the evidence you’ve gathered.

While it’s essential to maintain a calm and respectful demeanor, be assertive in demanding an explanation and immediate corrective action.

Ask about their policies on handling abuse allegations and insist on transparency regarding the steps they intend to take to address the issue.

Be sure to document this conversation, noting the responses and any commitments made by the administration.

While speaking with the administration may not always lead to immediate resolution, doing so puts the facility on notice and emphasizes the seriousness of the situation.

6. Relocate Your Loved One If Necessary

If the situation is particularly severe and your loved one’s safety is in jeopardy, consider relocation or bring your loved one home temporarily.

While this step may be challenging, prioritizing your loved one’s well-being is paramount.

Consult with medical professionals and social workers to explore alternative care options that meet their needs.

This relocation not only ensures their safety but also provides peace of mind to the family.

The Nursing Home Lawsuit Process

Taking legal action holds at-fault parties like the assisted living facility liable for any injuries and trauma caused.

A successful lawsuit or claim sets you up for a significant settlement that can compensate you for everything from medical bills to pain and suffering.

The nursing home lawsuit process includes:

1. Initial consultation with a nursing home abuse attorney
2. Investigation and gathering evidence
3. Filing the nursing home abuse lawsuit
4. Discovery phase
5. Settlement negotiations
6. Nursing home litigation

1. Initial Consultation With a Nursing Home Abuse Attorney

The first step in the legal process is to consult with an experienced nursing home abuse attorney.

During this initial consultation, you’ll have the opportunity to discuss the specifics of your case, including any evidence you’ve gathered and your observations of the abuse.

The attorney will assess the validity of your claim and provide guidance on the best course of action.

At TorHoerman Law, we have represented clients in nursing home lawsuits and offer free consultations to help you understand your legal options without any financial obligation.

2. Investigation and Gathering Evidence

Once you’ve engaged an attorney, the next step is a thorough investigation of the alleged abuse.

Your legal team will gather evidence, including medical records, witness statements, photographs of injuries, and documentation of any patterns of neglect or abuse.

This evidence is essential for building a compelling case that demonstrates the extent of the harm and the facility’s liability.

Attorneys often collaborate with experts in various fields, such as medical professionals, elder care specialists, and financial analysts, to evaluate the situation comprehensively.

They will look for inconsistencies in the nursing home’s records and policies, interview staff and other residents, and possibly use surveillance footage to uncover any wrongdoing.

The goal is to establish a clear link between the abuse and the facility’s negligence.

3. Filing the Nursing Home Abuse Lawsuit

With sufficient evidence collected, the next step is to file a formal lawsuit against the negligent nursing home or other potentially responsible parties.

This involves drafting a legal complaint outlining the allegations of abuse, the damages sought, and the legal grounds for the claim.

The complaint will be filed in the appropriate court, and the defendants (typically the nursing home and possibly individual staff members) will be formally served with the lawsuit.

4. Discovery Phase

The discovery phase is a critical part of the legal process, where both parties exchange relevant information and evidence related to the case.

During discovery, your attorney will seek to obtain additional evidence from the nursing home, such as internal reports, staff training records, and previous complaints of abuse.

The defense may request information from your side to evaluate the claims being made.

This phase can be extensive and may take several months, but it is vital for building a robust case.

5. Settlement Negotiations

Many nursing home abuse cases are resolved through negotiation and settlement before reaching trial.

During this stage, both parties will engage in discussions to find a mutually acceptable resolution.

Your attorney will advocate for a settlement that adequately compensates for the abuse suffered, including medical expenses, pain and suffering, and any other relevant damages.

Settling a case can be advantageous as it often leads to a quicker resolution without the stress and uncertainty of a trial.

If the settlement offers are unsatisfactory or if the defendants refuse to accept responsibility, your attorney may advise proceeding to trial.

6. Nursing Home Litigation

If the case goes to trial, it will be presented before a judge or jury, where both sides will present their evidence and arguments.

Trials can be lengthy and complex, but they provide an opportunity for a public airing of grievances and a formal adjudication of the claims.

If successful, the trial may result in a court order requiring the nursing home to compensate the victim for damages and possibly implement changes to prevent future abuse.

Nursing Home Compensation

A successful nursing home abuse lawsuit entitles you to several forms of damage.

Types of damages you can claim when you take legal action includes:

• Medical expenses
• Pain and suffering
• Punitive damages

Medical Expenses

Victims of nursing home abuse often require medical treatment to address injuries or neglect-related health issues.

Compensation can cover hospital bills, ongoing medical care, rehabilitation, therapy, medications, and any other healthcare costs related to the abuse.

Documenting all medical expenses thoroughly is crucial for recovering these costs in a lawsuit.

Pain and Suffering

Nursing home abuse can cause significant physical pain and emotional suffering.

Victims may experience trauma, anxiety, depression, and a diminished quality of life.

These non-economic damages can be challenging to quantify, but they are an essential component of compensation.

Courts often rely on expert testimony and victim statements to assess the impact of abuse on the victim’s mental and emotional well-being.

Punitive Damages

In cases where the abuse is particularly egregious or intentional, courts may award punitive damages.

These are designed to punish the wrongdoer and deter similar conduct in the future.

Punitive damages are typically awarded when there is clear evidence of malicious intent or gross negligence by the nursing home staff or administration.

Calculating Damages

Calculating the appropriate compensation in nursing home abuse cases can be complex, as it involves both economic and non-economic damages.

Ways that compensation is typically calculated include:

• Economic Damages: This includes tangible costs like medical bills, therapy expenses, and lost income. These are easier to quantify and often involve compiling detailed records and invoices.
• Non-Economic Damages: These cover intangible losses, such as emotional pain, suffering, and loss of companionship. Attorneys often work with experts to evaluate the impact on the victim’s life, using factors such as the severity and duration of abuse, to arrive at a fair compensation amount.
• Punitive Damages: The amount awarded for punitive damages depends on the severity of the misconduct and the need to deter similar actions. Courts may consider the defendant’s financial status and the level of malicious intent involved.

Statute of Limitations in Nursing Home Lawsuits

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated.

In the context of nursing home abuse, it establishes a deadline for victims or their families to file a lawsuit against the responsible parties.

The specific time frame varies by state and the nature of the claim, so it’s essential to consult an attorney to understand the applicable laws in your jurisdiction.

In Illinois, the statute of limitations is two years.

You’d have up to five years to pursue nursing home neglect lawsuits in Missouri.

Your attorney’s job is to file your lawsuit within these timelines.

By doing so, your attorney ensures that your claim moves smoothly and that you retain your right to compensation.

Has Your Loved One Suffered From Abuse? Contact Us Now

Nursing home abuse is a serious issue that demands immediate attention and decisive action.

If you suspect that your loved one has been a victim of abuse or neglect, we are here for you.

At TorHoerman Law, we are dedicated to fighting for the rights of nursing home abuse victims and their families.

Our experienced attorneys are here to guide you through every step of the legal process, ensuring that justice is served and that your loved one receives the compensation they deserve.

Contact TorHoerman Law for a free consultation.

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