When Nursing Home Neglect Qualifies for a Lawsuit

You may be justified in filing a nursing home neglect lawsuit when a facility’s standard of care leads to measurable harm, and the wrongdoing can be proven. Though neglect is often unintentional, it still represents a serious breach in the facility’s legal and ethical obligations to provide adequate medical care, supervision, nutrition, hygiene, and protection from harm.

If you’re asking whether you can sue for nursing home neglect, the answer is yes, but only when specific legal elements are met. Follow along as our firm’s nursing home negligence attorneys explain the nuances of these cases and how we can help.

Inadequate, inappropriate, and noncompliant care are considered negligent, whether or not the acts are intentional. While this definition can seem subjective, nursing home care is closely governed by a combination of state and federal statutes.

The statutes governing facilities in North Carolina include the NC State Care Home Patients’ Bill of Rights, the Nursing Home Reform Act, and medical malpractice laws. These laws require:

• Adequate staffing
• Proper medical care
• Protection from abuse and neglect

Severe or repeated violations of these laws can form the basis for a nursing home negligence lawsuit.

A facility’s failure to provide reasonable care can result in many forms of harm. Typically, nursing home negligence cases can be categorized by physical or medical failures, unmet needs, and breached contracts; examples of each are listed below:

Resulting in preventable injuries or harm, such as:

• Bedsores and pressure ulcers
• Broken bones due to unsupervised falls
• Malnutrition or dehydration

Inadequate healthcare services for physical and mental well-being, such as:

• Incorrect medication or dosage
• Missed medications
• Ignoring signs of illness
• Delayed response to treat infections or chronic conditions
• Worsening pre-existing conditions

Failing to meet a person’s needs for survival, safety, and dignity, such as:

• Poor hygiene or unsanitary conditions
• Lack of assistance with eating or mobility
• Ignoring call lights or requests for help

Breaching the resident/facility contract by:

• Violating terms that designate basic services, staffing, and care plans
• Failing to provide services outlined in the admission agreement

The primary right to file a lawsuit against a nursing home belongs to the individual harmed but, if they lack the physical or mental capacity, others—typically family members—may act on their behalf. When the neglect causes a wrongful death, a personal representative of the decedent’s estate must file. An attorney can help you understand which relatives may be legally recognized to file a claim.

In practical terms, a qualified family member or resident may sue when neglect led to a serious injury, worsening medical condition, or death. Legally, they must be able to establish duty, breach, causation, and damages:

The nursing home owed a legal duty to the resident as determined by admission agreements, resident contracts, and state and federal laws.

The facility failed to meet the standard of care through understaffing, failing to monitor residents, ignoring medical needs, or any type of negligent act.

The breach of duty directly caused a loved one’s harm, and the injury would not have occurred without the facility’s failure.

The resident suffered measurable harm from physical injuries, emotional distress, or financial losses resulting from the neglect.

Legal claims must be filed before statutes of limitations expire. In North Carolina, these can vary depending on the type of harm and governing laws, for example:

• Under N.C. Gen. Stat. § 1-52, plaintiffs have three years to file a negligence complaint from the date of the last failed service or care.
• Medical malpractice claims must be filed within three years from the date of the error or mistake; undiscovered harm and mental incapacity are two factors that can impact deadlines in nursing home negligence cases.
• Wrongful Death claims typically must be filed within two years of a loved one’s death.

An experienced attorney can help evaluate whether you have grounds to pursue a nursing home neglect lawsuit and guide you through the process. If you suspect a care provider has caused your loved one harm, begin documenting evidence, such as:

• Medical records and care plans
• Photographs of injuries (bedsores, bruising, or other physical evidence)
• Medical evaluations showing weight loss, malnutrition, or worsening conditions
• Incident reports from the facility
• Facility logs for medication doses, call-light responses, and other records
• Witness statements (staff, visitors, or other residents)
• Communications with the nursing home and internal conversations
• Billing statements and contracts of services promised

Filing a lawsuit is only a piece of the puzzle. Contacting local government agencies can also help document instances of neglect or abuse to increase awareness. Some agencies you can contact include:

• NC Department of Social Services
• Adult Protective Services
• Long-Term Care Ombudsman

Understanding the legal elements of duty, breach, causation, and damages is essential when deciding whether to take action. If you believe your loved one has suffered due to neglect, contact the attorneys at Miller Law Group for a free evaluation. We’ll take care of the details while you and your family focus on healing.