Understanding Negligence in Nursing Home Abuse Cases
May 3, 2025
Nursing home negligence claims can be complex and challenging to resolve. If you believe your elderly loved one has been the victim of abuse while in an assisted living facility, it’s important to understand the concept of negligence so you can seek justice. In this guide, our legal team outlines the key steps in an elder abuse lawsuit and how an experienced attorney works to prove negligence.
What Is Nursing Home Negligence?
Nursing home negligence happens when a facility or its employees fail to provide a reasonable standard of care, resulting in harm to a resident. Some types of negligence are:
- Neglecting medical or emotional needs
- Failing to provide proper hygiene or nutrition
- Allowing physical or emotional abuse to occur.
Negligence should not be confused with intentional elderly abuse. Intentional abuse occurs when someone purposely commits an act that causes your elderly loved one physical or emotional harm. An example includes improperly using restraints to keep an elderly patient in bed against their will.
Negligence typically stems from understaffing or poor training. Apathy is another common cause. Sadly, elder abuse and neglect are incredibly common in the United States.
According to the National Council on Aging (NCOA), 10% of Americans age 60 or older have experienced elder abuse. The NCOA reports that only one out of 24 elder abuse cases are reported to the authorities.
Don’t let your elderly loved one become a statistic. Seek experienced legal support from Wapner Newman and let us protect their rights.
Wapner Newman has recovered hundreds of millions for our clients. Our experienced negotiators will build a strong case and fight for fair compensation for your loved one. Let Wapner Newman seek the justice your loved one deserves!
Common Types of Negligence in Nursing Homes
Negligence, rather than intentional malicious action, is the basis of most nursing home abuse cases. Some of the most common types of negligence in nursing homes are:
Medical Neglect
Medical neglect occurs when the nursing home fails to meet the healthcare needs of your elderly loved one, for example failing to administer prescribed medications or neglecting to seek additional medical treatment if a resident’s condition worsens.
Poor Hygiene
Poor hygiene can lead to bed sores and infections. Failing to clean patients or change their bedding can constitute neglect.
Malnutrition and Dehydration
Elderly patients may struggle with simple tasks like feeding themselves or drinking water. The nursing home is responsible for keeping residents hydrated and nourished. Failing to do so is a form of neglect.
Emotional Neglect
Ignoring residents’ emotional needs or isolating them causes stress and mental trauma. Signs of emotional neglect include fearfulness or withdrawal.
Has your loved one suffered one or more types of elder abuse while in a nursing home? Call Wapner Newman at (215) 569-0900 to schedule a free consultation.
How to Prove Negligence in Nursing Home Abuse Cases
The first step to proving negligence in an elder abuse case involves establishing the key elements of negligence, which are as follows:
- Duty of Care: The facility owed your loved one a duty to provide a reasonable standard of care.
- Breach of Duty: The staff failed to meet this duty through action or inaction.
- Causation: The breach led to your loved one’s harm.
- Damages: Your loved one suffered physical, financial, or emotional harm due to the negligence.
Establishing a duty of care is relatively simple in nursing home cases. Medical professionals and caregivers owe all residents a duty of care. When they breach this duty through negligence or intentional actions, it can lead to serious injuries, emotional trauma, or even death.
An experienced attorney will identify patterns of inaction or carelessness and demonstrate how those actions constitute a breach of duty. Additionally, they will review medical records and use subject matter experts to establish a link (causation) between the breach and the harm your loved one suffered.
Proving negligence allows you and your family to seek compensation for your abused loved one. Once your attorney has established negligence, they will calculate damages by considering the following factors:
- Medical bills
- Pain and suffering
- Additional expenses.
Your attorney will carefully review all evidence and medical records to accurately estimate the value of your claim.
When Can You File a Nursing Home Negligence Lawsuit?
Recognizing the Right Time to Take Action
If your loved one has suffered due to neglect or mistreatment while in a nursing home, you may have grounds for an elder abuse lawsuit. These lawsuits can address various forms of mistreatment, including physical abuse, financial exploitation, and neglect.
It’s important to be aware of the signs of neglect or abuse. Each time you visit your loved one, talk to them and look for any indicators that they are not receiving the care they deserve. Common warning signs include the following:
- Unexplained injuries, such as bruises or fractures
- Sudden weight loss or signs of dehydration
- Unsanitary living conditions
- Behavioral changes, such as fearfulness
- Complaints about mistreatment.
You and your family know what is normal and abnormal for your loved one. Trust your instincts and report any signs of abuse or neglect right away. If the facility is not taking your concerns seriously, reach out to an elder abuse attorney for help. The experienced legal team at Wapner Newman will act swiftly to protect your loved one. Our lawyers can investigate the claims and determine whether you have grounds to file a lawsuit. Let Wapner Newman hold negligent parties accountable for mistreating your elderly family member.
Compensation Available in Nursing Home Abuse Cases
The type and amount of compensation available in nursing home abuse cases varies based on several factors, including the following:
- The type and severity of the negligence
- The harm caused to your loved one
- What medical treatments were required.
An attorney will evaluate these factors to determine what types of compensation your loved one is entitled to. This may include medical expenses and compensation for pain and suffering. If your loved one must be relocated to another facility, your claim can seek compensation to cover these costs as well.
How Wapner Newman Can Help
A nursing home will fight any allegations of negligence or abuse. Negligence claims can severely damage the organization’s reputation and lead to tens of thousands of dollars in losses. The facility’s insurance company will also push back against the claim. With that in mind, you need to prepare for a fight when filing a nursing home abuse case. Wapner Newman attorneys have a track record of success and know what it takes to take on large organizations. Our legal team includes talented negotiators and litigators who can help by:
- Gathering medical records
- Holding facilities accountable for neglect and abuse
- Negotiating with insurance companies for fair settlements
- Representing you in court if necessary.
Our goal is to win your case and seek justice for your loved one. Let’s work together to hold negligent parties accountable for your family member’s pain and suffering.
Schedule a Free Consultation Today
Attorney fees and other financial obligations should not stand in the way of seeking justice for your elderly family member. Wapner Newman offers free consultations for all elderly abuse cases. Our team works on a contingency basis, so you won’t owe us any fees unless we win. Let us be your steadfast advocates.
Call (215) 569-0900 to schedule a free consultation with Wapner Newman.