Nursing Home Lawsuits Keep Residents Safe & Improve Care

A lawsuit can be filed against a nursing home for abuse or negligence that led to injuries of a resident. A nursing home negligence lawsuit can help families recover compensation for their loved one’s injuries and deter a senior care facility from allowing the abuse or negligence to continue to happen to other residents.

The nursing home industry has grown rapidly in recent years due to the aging population and increasing demand for long-term care services. With this growth has come an increased risk of nursing home negligence and abuse, which can have serious consequences for vulnerable residents.

Civil nursing home negligence lawsuits are one way to hold nursing homes accountable for their actions and to deter future negligence. In this article, our nursing home attorneys explore the justification and public policy behind bringing a civil nursing home negligence lawsuit, including the legal and ethical considerations involved.

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Michelle T

00:28 04 Feb 23

I don't have the words to say to cover the amount of gratitude for the team, and especially Attorney Dylan Hanson, and his team. When your parent is in a position they have no control over, and you, the child, have to step in, Mr. Hanson and the ENTIRE team at Senior Justice stepped up, and I do mean the ENTIRE team because I learned very quickly that they actually work together so noone is missed! They not only helped resolve the problem, they were there for any questions, concerns, support, and guidance, in full honest, upfront detail! We need more teams like this! For my parent, and myself though, we are truly grateful for everything they did! Again, thank you ALL!

Eric G

23:43 01 Feb 23

My brother and I lost our Mom due to the negligence and neglect of a nursing home. Once she passed, I really just wanted the nightmare to be over but my brother insisted that we pursue some action against the facility. We had no luck with the state or the government oversight so we turned to Senior Justice.Honestly I wasn’t expecting much and I was skeptical going in. The team at Senior Justice proved themselves to be compassionate and respectful as well as holding the facility responsible for their actions. We received a much larger compensation than I had imagined and my brother and I are truly thankful for the folks at Senior Justice.

Lynn Odinov-Daniels

21:53 28 Dec 22

Sr. Justice Law Firm, under the direction of Michael Brevda and David Brevda, exacts justice for the most vulnerable. Dylan J. Hanson, expertly and compassionately, smoothly steers the complex process to a successful and just outcome. Tamar Green-Martin completes the team approach with her detailed administrative assistance. This is an outstanding law firm!

Simone McClure

17:01 16 Dec 22

The sincere compassion, and diligence from the Senior Justice Law Firm in handling my father's case made the whole experience easier. We are eternally grateful that they were able to right a terrible wrong done to us. I whole heartedly recommend hiring them if you want justice for your loved ones!

jesse devoursney

13:56 06 Apr 22

Great and very competent staff. Not one person is missing a beat from intake to the attorneys!

Melo C

12:16 04 Dec 21

Our attorney David was kind, understanding, compassionate and helpful. He fought for my mom and made us feel important. He showed us that this was more than just a job for him rather a passion he has to help those in need. He always kept us updated with the progress, asked how my mom was doing and sincerely cared about getting justice for my mom. I’m so thankful to him and his team.

Crystal Burrows-Rochez

19:47 03 Jun 21

Senior Justice Law Firm is the best, everyone at the office showed compassion and concern. The Firm was able to help my family with a situation that my 96 year old Grandmother, experienced while she was a patient at a local Nursing and Rehab Center. She was there for several weeks to recover and have physical therapy from having surgery due to a fall that caused her to break her right hip. When she returned home I was not informed she had two bed sores one on her buttock and on her heal of the injured hip, hair matted, very stiff in her limbs and weak. My family felt she did not get the proper care as promised and she was neglected due to her having dementia and not able to communicate. The communication was awful from all staff. During the entire stay I constantly complained and worried. I highly recommend this Law Firm to help you out in any legal matters of this nature.

Only Lord Knows

06:04 20 Feb 21

Senior Justice law firm, is a professional and friendly company that provides great customer service and, Gives great referrals to best fit their customer needs. Thank you for a great experience. Keep fighting for the people that need you the most, keep it up guys...God bless🙏🏽

K & E McDonnell

04:41 02 Aug 17

Mr. Michael Brevda and his staff were so compassionate and supportive of me in my situation. My mother had experienced multiple falls while in a care center and I didn’t know where to turn for help, until I personally spoke with Michael on the phone. I was sorry to learn that he wasn’t able to assist me because he was not licensed to practice law in my state. But to my surprise, Michael, gave me a follow-up call with a name of a local attorney to contact.Michael more than exceeded my expectations and I will always be grateful for what he did to help me during a very trying time in my life.I highly recommend the Senior Justice Law Firm, if you are searching for a professional team of attorneys who will be looking out for your best interest.

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I. Justification for Bringing a Civil Nursing Home Negligence Lawsuit

A. Protection of Residents’ Rights and Safety

The primary justification for bringing a civil nursing home negligence lawsuit is to protect the rights and safety of nursing home residents. Nursing home residents are often elderly and vulnerable, with limited mobility and cognitive impairment. They rely on nursing home staff to provide care and support, including assistance with activities of daily living such as bathing, dressing, and eating.

When nursing home staff fail to provide adequate care or engage in abusive behavior, residents can suffer serious harm, including physical injuries, emotional trauma, bed sores, and even death. Civil nursing home negligence lawsuits provide a means of holding nursing homes accountable for their actions and compensating residents for their losses.

B. Deterrence of Future Negligence

Another important justification for bringing a civil nursing home negligence lawsuit is deterrence. By holding nursing homes accountable for their actions and imposing financial penalties for negligence, civil lawsuits can deter future negligence and improve the overall quality of care provided in nursing homes.

When nursing homes know that they may be held liable for their actions, they are more likely to take steps to prevent negligence and abuse, such as increasing staffing levels, providing additional training for staff, and improving oversight and accountability.

C. Money Damages

Nursing home negligence lawsuits usually yield aggrieved families monetary damages. Unfortunately, the nursing home victim rarely enjoys this monetary award, due to their advanced age and underlying health issues. Traditionally, families recoup compensation for medical bills, pain and suffering, and loss of quality of life.

A large monetary award can provide some justice for victims and their families.

If your loved suffered injuries under the care of a nursing home, speak with one of our attorneys today for a free consultation. Free Consultation

II. Public Policy Considerations Associated with Bringing a Nursing Home Lawsuit

A. Private Lawsuits Bring Additional Nursing Home Oversight and Expose Abuse

Nursing homes are regulated and monitored by various state and federal agencies. These requirements and regulations came about after a government investigation revealed widespread abuse and neglect in America’s long term care system.

The state and its agencies can enforce regulations via survey citations and administrative hearings. However, elder abuse investigative agencies are often overworked and underfunded. Civil nursing home negligence lawsuits brought by family members contribute to enforcing these regulations. When a civil lawsuit exposes nursing home negligence, oftentimes, a state agency will take the evidence and run a parallel government investigation.

Ultimately, for profit nursing homes primarily care about their profit margins. Government watchdogs impose financial fines to deter bad nursing home behavior. A civil lawsuit does the same thing. The family exacts a monetary settlement or verdict, taking money from the offending nursing home to dissuade it from making the same mistake in the future. Both agency fines and civil lawsuits improve the quality of nursing home care.

B. Access to Justice

Civil nursing home negligence lawsuits also provide a means of accessing justice for victims of negligence and abuse. Many nursing home residents are unable to advocate for themselves or speak out against mistreatment.

Civil lawsuits provide a mechanism for victims and their families to seek justice and hold nursing homes accountable for their actions, even if they are unable to do so on their own.

C. Transparency and Accountability

Civil nursing home negligence lawsuits also promote transparency and accountability in the nursing home industry. By exposing instances of negligence and abuse and holding nursing homes accountable for their actions, civil lawsuits can help to improve public understanding of the risks associated with nursing home care and encourage nursing homes to be more transparent about their practices and policies.

III. Legal and Ethical Considerations

A. Burden of Proof

Bringing a civil nursing home negligence lawsuit requires meeting a high burden of proof. Plaintiffs must prove that the nursing home had a duty of care to the resident, that the nursing home breached that duty of care, and that the breach of duty caused the resident’s injuries or losses.

This can be challenging, as nursing homes often have significant resources and may vigorously defend against allegations of negligence.

B. Statute of Limitations

The Statute of Limitations is the time period a family has to bring a nursing home negligence lawsuit. This varies depending on which state the harm occurred in.

If you try to file your case beyond the statute of limitations period, your claim will likely be barred. Therefore, you should speak with a qualified and specialized nursing home abuse attorney as soon as you suspect your loved one has been neglected.

IV. Conclusion

Initially, the idea of bringing a lawsuit after a family member is harmed or killed in a nursing home may seem odd. What good will money do? It will not undo the harm done or bring your loved one back. However, nursing home negligence litigation is a last line of defense in maintaining the safety of nursing home residents.

Studies have shown that nursing home lawsuits deter corporate ownership from making bad policy decisions.

If you suspect that a loved one has been the victim of nursing home abuse or neglect, it is crucial that you contact a lawyer immediately. At Senior Justice Law Firm, our attorneys specialize in nursing home litigation. We can help your family along the journey to justice.

Call our law firm now at 888-375-9998 or live chat with our office today.

How Does a Nursing Home Negligence Lawsuit Keep Future Residents Safe and Improve Care?