Liability for Nursing Home Neglect Cases

Unlike other types of nursing home abuse, neglect does not always occur on purpose. There are a number of reasons why a resident in a long-term care facility like a nursing home may not get the attention and care they need. This may include an overcrowded or understaffed facility, or staff members who lack adequate training. But nursing home neglect cases, even when unintentional, are a type of abuse.

What is nursing home neglect?

Nursing home neglect occurs when a caregiver fails or refuses to meet a resident’s basic needs. These basic needs include:

  • Healthy meals
  • Medicine and medical care
  • Personal hygiene
  • A clean and safe environment
  • Adequate clothing
  • Blankets, pillows and other items

Some common signs of neglect that families should watch for include:

  • Dehydration or malnutrition
  • Residents reporting missing meals
  • Poor personal hygiene
  • Inadequate clothing or bed linens
  • Soiled or dirty clothing and/or bed linens
  • Unexpected bedsores
  • Unaddressed health concerns

Who is liable for nursing home neglect?

More than one nursing home staff member is responsible for meeting a resident’s needs. In many cases, it is not just one caregiver who fails to provide a resident care. Other staff members — and perhaps even administrators – should be aware of the quality and level of care residents receive. In many cases, nursing home administrators contribute to neglect at their facilities because of failures in hiring, training, and supervising staff.

Even in cases where a single caregiver perpetrates the neglect, a legal concept known as vicarious liability means that nursing home facilities may be liable for neglect or other types of abuse committed by employees. Victims may file claims against the nursing facility to recover compensation for their damages.

In order to recover compensation through a claim for nursing home neglect, you must prove negligence by presenting evidence demonstrating:

  • The nursing home owed your family member a duty of care;
  • They failed to provide this level of care;
  • This failure hurt your loved one; and
  • Your loved one suffered damages as a result.

How can I report signs of neglect?

If you suspect that a nursing home resident is in immediate danger due to neglect, call 911 or your local police department. If you do not suspect immediate danger, report your suspicions to the nursing home director or other administrative staff. Also contact your local authorities:

Can Cordisco & Saile LLC help my loved one recover damages in a nursing home neglect case?

Many seniors who live in nursing facilities are in precarious health, and require a high level of care to maintain their quality of life. When caregivers fail to provide this level of care, serious complications and even death may occur.

A nursing home abuse lawyer at Cordisco & Saile LLC can help you hold the liable parties responsible, getting your loved one the compensation they need to cover medical bills, pain and suffering, and other losses. Call 215-642-2335 to set up a consultation about your nursing home neglect case.