Nursing Home F.A.Q.’s

Click link to view other Frequently Asked Questions

1. What is the purpose of a nursing home?

The purpose of a nursing home is to provide a residence for those people who can no longer care for themselves, and to provide protection and care by experienced employees to their residents.

2. What must be proved in order to successfully pursue a claim based on nursing home
neglect?

In order to be successful, the injured resident, or family members, must prove that 1) the nursing home’s owner or employees breached a duty of care owed to the resident; 2) the resident was injured by this breach of duty; and, 3) the nursing home owner’s employee’s conduct caused the injury.

3. How can I increase my chances of finding a good nursing home for my loved one?

First of all, whenever possible, you should consider allowing your loved one to participate in the selection process. A good place to start in finding the right nursing home might be your loved one’s family doctor. He or she may be able to provide recommendations based on your loved one’s medical history and special needs.

4. What are some indicators of nursing home abuse or neglect?

Please be aware that any suspicious, sudden, or unexplained change in condition may also be related to abuse or neglect. Below is a listing of the most common circumstances that may indicate abuse or neglect has taken place:
Bed Sores

• Fractures
• Falls
• Unexplained injuries
• Malnutrition
• Improper medication
• Poor staffing
• Unexpected death
• Rapid weight gain or loss

5. What is nursing home neglect?

Nursing home neglect is the improper care by a caregiver to a resident. Examples of neglect are broken or fractured bones, failing to provide proper treatment of medical conditions, and poor hygiene.

6. Are there different types of nursing home abuse?

Yes. Aside from the more common such as physical abuse, there can also be mental and emotional abuse, sexual abuse, or financial abuse.

7. What should I do if I suspect nursing home abuse?

You should seek help right away. If there is any immediate danger, contact the police. If the situation is not an emergency, you should notify the facility’s administrator and discuss your concerns with them. If necessary, you might consider removing your loved one from the nursing home and taking them to see a doctor or to the hospital. The next step might be to contact an attorney to make sure you understand your rights.

8. If a nursing home resident did not sign a contract with the nursing home, can the resident still sue the home for improper care?

Although no contract exists, the resident (or their survivors) who is harmed due to the improper care by the nursing home may recover damages. The resident may have a cause of action from negligent supervision and care, negligent hiring and training of employees, negligent maintenance of the premises, or negligent maintenance of equipment.

9. Can the nursing home be held liable for accelerating the death of a resident?

Yes. If the nursing home accelerated the resident’s death by minutes or even seconds, it may be liable for their death. If the negligence caused the resident additional pain and suffering, the nursing home can be held reliable to the resident’s estate. In these cases, it is not necessary to prove that the resident would have survived if not for the negligence, but it must be proved that negligence occurred.

10. Who may file a complaint against a nursing home?

A complaint may be filed by the resident, the family of the resident, and members of the community.

If there is a question you have that you don't see here, please use our FAQ form to send your question.