Can You Sue a Nursing Home for Neglect? Malnutrition and Bedsores: Know Your Rights

Choosing a nursing home for a loved one is a difficult decision, one made with the hope that they will receive the best possible care. Unfortunately, nursing home neglect and abuse are far too common, leading to devastating consequences for residents and their families. If you suspect your loved one is suffering from neglect, particularly if they are experiencing malnutrition or developing bedsores, it’s crucial to understand your rights and explore your legal options. You may be able to sue a nursing home for neglect if the facility failed to provide proper care, leading to harm.

Understanding Nursing Home Neglect

Nursing home neglect occurs when a facility or its staff fails to provide the necessary care and services to meet a resident’s physical, mental, and emotional needs. This can include:

Failure to provide adequate medical care: Ignoring health problems, not administering medications correctly, or failing to call a doctor when needed.
Neglecting personal hygiene: Not bathing, grooming, or changing clothes regularly.
Withholding food and water: Leading to dehydration and malnutrition.
Leaving residents unattended for extended periods: Especially those with mobility issues.
Failing to protect residents from safety hazards: Resulting in falls or other injuries.
Social or emotional neglect: Ignoring a resident, leaving them alone, or preventing them from interacting with others.

According to the National Council on Aging (NCOA), as many as 5 million older Americans experience abuse every year, many of them residing in nursing facilities. In a recent study, 44% of nursing home residents reported being abused, and 95% had been neglected or seen another resident suffer neglect.

Malnutrition and Bedsores: Key Indicators of Neglect

Malnutrition and bedsores are two of the most common and concerning signs of nursing home neglect. They often occur together and can lead to serious health complications and even death.

Malnutrition in nursing home residents can result from:

Insufficient staffing: Leading to residents not being fed properly or at all.
Failure to assist residents with eating: Especially those who are unable to feed themselves.
Ignoring dietary needs: Not providing special diets or necessary supplements.
Underlying medical conditions: That can make it difficult for residents to eat or absorb nutrients.

Signs of malnutrition include:

Weight loss
Weakness and fatigue
Abnormal skin color
Deterioration of teeth
Hair loss
Irritability
Tiredness
Complaints of being cold
Papery skin

Bedsores (also called pressure ulcers) are injuries to the skin and underlying tissue caused by prolonged pressure. They often develop when residents are bedridden or chair-bound and are not repositioned frequently enough.

Risk factors for bedsores include:

Immobility
Incontinence
Poor nutrition and hydration
Muscle spasms
Spinal cord injuries

Symptoms of bedsores can range from mild skin discoloration to open wounds that expose bone and muscle. Untreated bedsores can lead to severe infections, which can be fatal.

Malnourished residents are twice as likely as well-nourished ones to develop pressure ulcers. One study found that among severely undernourished residents, 65 percent developed pressure ulcers.

Your Rights as a Nursing Home Resident

As a nursing home resident, you have certain rights and protections under federal and state law, designed to ensure you receive the care and services you need. These rights include:

The right to be treated with dignity and respect.
The right to be free from abuse and neglect.
The right to be fully informed about your health status and care plan.
The right to participate in decisions about your care.
The right to privacy and confidentiality.
The right to voice grievances without fear of retaliation.
The right to manage your own finances.

The Nursing Home Reform Act requires nursing homes to “promote and protect the rights of each resident” and stresses individual dignity and self-determination.

Taking Legal Action for Nursing Home Neglect

If you suspect that your loved one has been a victim of nursing home neglect, you have the right to take legal action. Suing a nursing home for negligence allows you to seek compensation for medical bills, relocation costs, pain and suffering, and other damages. It also holds the facility accountable for its actions and can help prevent similar incidents from happening to others.

Who can sue a nursing home for neglect?

The nursing home resident who has been neglected or abused.
Immediate family members, relatives, and other loved ones may also be able to sue in some cases.
If the resident passes away due to neglect or abuse, their estate may be able to file a wrongful death lawsuit.

What do you need to prove in a nursing home negligence case?

The nursing home owed a duty of care to the resident.
The nursing home breached that duty of care through negligence or intentional misconduct.
The breach of duty caused injury or harm to the resident.
The resident suffered damages as a result of the injury.

Evidence that can be used to support a nursing home neglect claim includes:

Medical records
Photographs of injuries or unsanitary conditions
Witness statements from other residents, staff members, or visitors
Incident reports
The nursing home’s history of regulatory violations

Damages you may be able to recover in a nursing home neglect lawsuit include:

Medical expenses
Pain and suffering
Emotional distress
Relocation costs
Funeral expenses (in wrongful death cases)
Punitive damages (in cases of egregious misconduct)

The average nursing home neglect settlement is about $400,000. However, the value of each case depends on the specific facts and circumstances.

Steps to Take If You Suspect Neglect

Report your concerns: Immediately report your suspicions to the nursing home administration and relevant state agencies.
Document everything: Keep detailed records of any incidents, injuries, or concerns you have. Take photographs and gather any other evidence you can find.
Seek medical attention: Ensure your loved one receives prompt medical care for any injuries or health problems.
Consult with an attorney: A nursing home abuse lawyer can help you understand your legal rights and options and guide you through the process of filing a lawsuit.

Don’t Wait, Take Action

If you suspect your loved one is a victim of nursing home neglect, don’t wait to take action. Malnutrition and bedsores are serious signs that a nursing home is failing to provide adequate care. By understanding your rights and exploring your legal options, you can protect your loved one and hold negligent facilities accountable. Contact a qualified nursing home abuse attorney today to discuss your case and learn how they can help.