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Many families discover the painful reality that their loved ones are not always safe in nursing homes and long-term care facilities. According to the National Council on Aging (NCOA), every year, up to 5 million seniors suffer due to nursing home abuse and neglect.
If you suspect your family member has been mistreated in a facility, understanding the legal elements of nursing home abuse and neglect is crucial when taking legal action.
At Craig Swapp & Associates, our knowledgeable nursing home abuse and neglect lawyer is committed to helping families get answers following the incident and hold negligent facilities accountable by proving that the required legal elements for such claims are present and valid.
Nursing home abuse and neglect refer to any intentional or negligent act by a caregiver or facility that causes harm or risk of harm to an older adult in their care. These actions can range from physical and emotional abuse to failing to provide basic needs, such as food, medication, hygiene, and medical attention.
The Centers for Disease Control and Prevention (CDC) classifies elder abuse in facilities into several categories:
Understanding nursing home abuse and neglect is vital, as both can result in severe, even life-threatening, consequences for residents.
For a successful nursing home abuse or neglect claim, certain legal elements must be established.
These elements form the basis of any civil lawsuit brought by a nursing home abuse and neglect lawyer:
Under the federal Nursing Home Reform Act (NHRA), every facility that receives Medicare or Medicaid funds is required to provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
Nursing homes and their staff have a legal duty to provide a certain standard of care to all residents. This means facilities must comply with federal and state regulations, as well as accepted standards in the healthcare industry. The duty of care is not just a moral obligation; it is a legal one.
The next element requires proof that the nursing home or its staff breached the duty of care. Breach occurs when the care provided falls below what a reasonable facility or caregiver would offer under similar circumstances.
Examples include:
A breach can be demonstrated through facility records, inspection reports, staff testimonies, and expert witnesses in the field.
Causation is a key part of any nursing home abuse and neglect case. It must be shown that the breach of duty directly caused harm to the resident.
For example, if a facility failed to monitor a resident with mobility issues and the resident fell and suffered a broken hip, the link between breach (failure to monitor) and harm (injury) is established.
However, causation can be disputed, especially if the resident had pre-existing medical conditions. A nursing home abuse lawyer will use medical records, expert opinions, and witness statements to clearly connect the facility’s actions or omissions to the harm suffered.
Lastly, one must prove that the resident suffered actual damages as a result of the abuse or neglect. Damages in these cases can be physical, emotional, or financial.
Courts may award compensation for:
By establishing each of these four elements – duty, breach, causation, and damages – you build a strong foundation for a claim.
Proving nursing home abuse and neglect claims requires more than just allegations. Nursing home abuse lawyers use an approach to gather evidence, build a compelling case, and advocate for the rights of residents and their families.
Attorneys begin by thoroughly investigating the circumstances surrounding the suspected abuse or neglect.
They may:
Aside from analyzing whether the facility violated federal or state regulations to demonstrate breach of duty. Nursing home abuse lawyers often work with medical experts to assess whether the care provided met accepted standards. Medical professionals can review records and testify about how the resident’s injuries or condition were caused by neglect or abuse.
Attorneys assist families in filing formal complaints with state health departments, adult protective services, and the Centers for Medicare & Medicaid Services (CMS). These agencies may investigate, document violations, and issue citations that support the legal case.
Nursing home abuse lawyers build clear links between the facility’s actions (or inactions) and the resident’s harm. They compile medical evidence, expert testimony, and witness statements to show causation and calculate damages.
Lawyers advocate for fair compensation through negotiation with the facility’s insurers or, if necessary, through litigation. A skilled attorney is prepared to take a case to trial to ensure accountability and compensation for victims.
Nursing home abuse and neglect attorneys make it possible to prove each legal element required for a successful claim. Their dedication ensures that abusive and negligent facilities are held accountable and that residents and their families have a path to justice and closure.
Families must be vigilant, as signs of nursing home abuse and neglect can be subtle or intentionally hidden by staff.
Common indicators include:
Loved ones who notice these warning signs should act quickly. A nursing home abuse and neglect lawyer can provide guidance on steps to protect the resident and preserve vital evidence.
Every state sets a legal deadline for filing nursing home abuse and neglect claims. Failing to file within this window may permanently bar a claim.
The statutes of limitations for nursing home abuse and neglect claims in the states our firm serves are generally as follows:
There are exceptions in some cases, such as when the abuse is discovered after the fact or the victim is mentally incapacitated. Consulting with a nursing home abuse and neglect lawyer as soon as possible is critical to ensure claims are filed within the appropriate time frame.
Nursing home abuse and neglect can have devastating and lasting effects on residents and families. When there are signs of harm or when suspicions arise, prompt legal action can make all the difference.
A nursing home abuse and neglect lawyer at Craig Swapp & Associates can provide guidance, answer questions, and advocate for your loved one’s rights. From conducting thorough investigations to holding facilities accountable, legal representation is essential for ensuring justice and safety.
If you suspect nursing home abuse or neglect in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, or Arizona, our lawyer will give you and your family the support you need to recover damages for abuse or neglect. Call us today at 866-308-3822 to schedule your free consultation or send us a message about your case by answering our online form here.
Written By: Ryan Swapp Legal Review By: Craig Swapp