Nursing home neglect is any form of inadequate care or failure to reasonably provide for the needs of a resident. There are many ways neglect can occur, including failing to recognize needs or address them because of inattention. A victim of nursing home neglect may have a compensation claim.
Bobby Jones Law explains what is considered nursing home neglect. We’ll explain what you can do if you or a loved one is a victim.
How Is Nursing Home Neglect Defined?
Nursing home neglect is the failure to provide appropriate care to a resident. It is accidental and without intent to harm the person.
Understanding Nursing Home Neglect
- Nursing homes have a duty of care to their residents. This is a legal duty.
- The duty of care is to provide reasonable care to residents.
- Nursing homes are not tasked with preventing all harm in all circumstances. Instead, they must do what’s reasonable.
- What’s reasonable depends on the circumstances. It varies from person to person and can vary in different situations. Each situation is evaluated independently to see if neglect has occurred.
- The duty of care applies to medical and non-medical situations. A person living in a nursing home has the legal right to have their needs met reasonably.
- If neglect results in harm, the resident may have a claim for financial compensation.
Neglect can be an affirmative act. An example is dispensing the wrong medication because the person didn’t read the patient’s name on the bottle carefully. Neglect can also be a failure to act. For example, leaving a sedentary person alone for extended periods may constitute neglect by omission.
Does all nursing home neglect result in harm?
No. A person can be neglected even if they never experience harm from the neglect.
However, to have a legal compensation claim, neglect must result in harm.
Elements of Nursing Home Neglect
1. Duty of care
This element is usually automatic in nursing home neglect cases. All nursing homes have a duty to provide adequate care for their residents.
2. Breach of duty
The nursing home breached its duty to provide care. The standard is reasonable, which is a minimum standard, not an average or highest standard.
3. Harm
The victim suffers harm.
4. Causation
The breach of duty is the cause of harm to the victim.
5. Damages
Damages may include financial losses and physical suffering.
What Is and Is Not Neglect in a Nursing Home
For example, suppose a resident of a home needs mobility assistance. They need a walker. They also need sneakers with a firm grip. The person was given a walker two years ago. Over time, the walker has lost a glide, and the height is no longer adjustable.
The resident is still wearing the same pair of shoes, and they are no longer able to bend down to tie them. They have asked multiple times for help, but their needs are never addressed.
This is neglect. The person’s mobility needs have not been evaluated or addressed in a long time, even though it was known that the person had unique needs. The person is the victim of neglect.
Although the person has been neglected, they may or may not have a personal injury claim. If not having the appropriate walker and footwear causes the person to fall, breaking their wrist, they likely have a valid claim. If a lack of mobility has caused long periods of sitting, resulting in bedsores and infection, they may have a valid claim. If harm has not occurred and needs can be addressed through advocacy, it may not be appropriate to file a claim.
Consultations available
Are you wondering if you have a claim for nursing home neglect? We invite you to schedule a free consultation with a nursing home neglect attorney. Robert “Bobby” Jones is a lawyer experienced in helping people who have experienced abuse and neglect in nursing homes. You can have a free consultation—there’s no obligation. See if you have a case and what your options are. Call or message us to begin.
How is neglect in a nursing home different from abuse?
The difference between nursing home neglect and abuse is intent. Neglect is unintentional. Someone may want the person to have the best care, but harm happens anyway because of inattention. Abuse, on the other hand, is intentional acts that cause harm.
For example, a nurse is rushing when dispensing medication. They fail to read the medicine bottle carefully. They give the medication to the wrong person. This is neglect.
But say a nurse is mad at a resident. The resident complained about something earlier in the day, and the nurse got in trouble. The nurse decides to get revenge, and they fail to dispense the person’s medication on purpose. This is abuse.
Examples of Neglect in Nursing Homes
- Medical—missing medical appointments, medical mistakes because of inattention
- Mobility—leaving a person in the same position for long periods
- Nutrition—inadequate amounts of food, poor nutritional quality, failure to meet individual dietary restrictions, insufficient opportunities to drink water
- Personal care—not tending to personal care needs like bathing, brushing teeth, and grooming
- Isolation—leaving a resident alone without social opportunities
- Complacency—not paying enough attention to recognize needs
- Facility disrepair—when a facility falls into disrepair, leaving walking hazards, poor lighting, fire danger, lack of temperature control, and other dangers
- Sanitation—not keeping the facility clean and minimizing infection risk
- Staffing issues—understaffing, poor training, or monitoring staff
- Dismissiveness—failing to follow up when there are signs that a resident needs help
Any situation where a lack of care is unreasonable can be considered neglect.
How a Lawyer Can Help
- Review your case. Has neglect occurred?
- Explain your options. What can you do next?
- Build the evidence. How do you prove what happened?
- Fight for justice. You may deserve compensation.
Talk to a Lawyer
If you’re concerned about the care you or a loved one has received in a nursing home, call Bobby Jones Law. A lawyer will evaluate your case with no obligation. Call or message us now.
