Discovering that your loved one has been abused or neglected in a nursing home is devastating. Nursing home residents deserve dignity and proper care, and facilities that fail to provide it can be held accountable. If your family member has suffered harm due to nursing home abuse or neglect, you may have grounds for a lawsuit.
This article is for informational purposes only and does not constitute legal advice. Laws vary significantly by state.
Quick Answer
Yes, you can sue a nursing home for abuse, neglect, or inadequate care that harms a resident. These cases may be brought by the resident themselves or, if they’re incapacitated or deceased, by family members or the estate. Successful claims can recover compensation for medical expenses, pain and suffering, and in cases of death, wrongful death damages.
Types of Nursing Home Abuse and Neglect
Physical Abuse
- Hitting, slapping, or pushing residents
- Improper use of physical restraints
- Rough handling during transfers
- Unexplained injuries, bruises, or fractures
Neglect
- Failure to provide adequate food and water (malnutrition, dehydration)
- Inadequate hygiene care
- Failure to reposition bedridden residents (leading to bedsores)
- Medication errors or missed doses
- Ignoring medical needs
- Inadequate supervision leading to falls
Emotional/Psychological Abuse
- Verbal threats and intimidation
- Humiliation and belittling
- Isolation from family and friends
- Ignoring residents’ needs
Sexual Abuse
- Any non-consensual sexual contact
- Sexual harassment
Financial Exploitation
- Stealing money or possessions
- Forging signatures
- Coercing changes to wills or financial documents
Warning Signs of Abuse or Neglect
- Unexplained injuries (bruises, cuts, broken bones)
- Bedsores (pressure ulcers), especially in advanced stages
- Sudden weight loss or signs of dehydration
- Poor hygiene (soiled clothing, unwashed hair, dirty nails)
- Frequent infections, especially UTIs
- Emotional changes (withdrawal, fear, depression)
- Unexplained changes in financial situation
- Staff reluctance to leave you alone with the resident
Who Can Be Held Liable?
- The nursing home facility – For inadequate staffing, poor training, or negligent policies
- Individual staff members – For direct abuse or neglect
- Medical professionals – For medical malpractice
- Management companies – If they control the facility’s operations
- Parent corporations – In some cases, corporate owners can be held responsible
What You Must Prove
1. Duty of Care
The nursing home had a duty to provide adequate care to the resident.
2. Breach of Duty
The facility failed to meet the standard of care through abuse, neglect, or inadequate treatment.
3. Causation
The breach directly caused harm to the resident.
4. Damages
The resident suffered actual harm—physical injuries, emotional trauma, or death.
What You Can Recover
Compensatory Damages
- Medical expenses for treating injuries
- Costs of transferring to a new facility
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Wrongful Death Damages
If the abuse or neglect caused death:
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering the resident experienced
- Loss of companionship for family members
Punitive Damages
For egregious misconduct, courts may award punitive damages to punish the facility and deter similar conduct.
Steps to Take
1. Ensure Your Loved One’s Safety
Remove them from immediate danger if necessary. Consider transferring to another facility.
2. Document Everything
- Photograph injuries
- Keep a written log of incidents
- Save all medical records
- Note names of staff members involved
- Preserve any physical evidence
3. Report the Abuse
- Adult Protective Services – For abuse investigations
- State licensing board – File a complaint against the facility
- Long-Term Care Ombudsman – Advocates for nursing home residents
- Police – For criminal abuse
4. Obtain Medical Records
Request complete medical records from the nursing home. These document the resident’s condition and care.
5. Consult an Attorney
Nursing home cases are complex. An experienced elder abuse attorney can investigate, gather evidence, and pursue your claim.
Arbitration Clauses
Many nursing home admission contracts include mandatory arbitration clauses. These may limit your ability to file a lawsuit. However:
- Some states have limited enforcement of these clauses
- Federal rules have restricted their use in certain Medicare/Medicaid facilities
- An attorney can advise whether the clause is enforceable
Statute of Limitations
Deadlines vary by state and the type of claim:
| State | Personal Injury | Wrongful Death |
|---|---|---|
| California | 2 years | 2 years |
| Texas | 2 years | 2 years |
| Florida | 4 years | 2 years |
| New York | 3 years | 2 years |
Frequently Asked Questions
Can I sue if my loved one has dementia?
Yes. Dementia doesn’t prevent a lawsuit. A family member, guardian, or the estate can pursue the claim on their behalf.
What if my loved one signed an arbitration agreement?
These agreements may be enforceable, but there are exceptions. An attorney can evaluate whether you can still pursue a lawsuit.
How long do these cases take?
Nursing home cases typically take 1-3 years, depending on complexity and whether the case settles or goes to trial.
Will I have to testify?
Possibly. Family members often provide testimony about the resident’s condition before and after the abuse.
When to Contact a Lawyer
Consult an elder abuse attorney if:
- Your loved one has unexplained injuries
- They’ve developed serious bedsores
- They show signs of malnutrition or dehydration
- Staff seems to be covering up incidents
- Your loved one died unexpectedly at the facility
- You suspect any form of abuse or neglect
Last updated: January 2025
This article provides general information about nursing home abuse lawsuits in the United States. Laws vary by state and individual circumstances. Consult with a qualified attorney for advice specific to your situation.
