Understanding Nursing Home Negligence  

Entering oneself or a loved one into the care of a nursing home or other care facility can be a difficult decision. Though these facilities offer a valuable and sometimes even necessary service, there can be a great deal of uncertainty around the standard of care you or your loved one will receive. Some nursing homes provide excellent attention to residents, helping them stay healthy, engaged, and active in community with others at the facility. However, all too commonly, families find themselves facing nursing home negligence.  

But what exactly is negligence in a nursing home? How can you spot it early? And if you suspect nursing home negligence, what can you do about it? Find quick answers to these questions below, or get in touch with a lawyer 24/7 to discuss your case in detail.  

What Is Nursing Home Negligence?  

Nursing home negligence is a failure on the part of a nursing home or elder care facility to properly look after residents, falling short of their legal responsibility to keep them safe and healthy.  

In a legal sense, negligence is one of a few different types of torts, or harmful actions. Under tort law, negligence occurs when:  

• A party owes another a duty of care—an obligation to do what they reasonably can to preserve another person's safety and wellbeing. In a nursing home, this means staff and administrators must ensure residents receive proper medical attention, nutrition, hygiene, and supervision.  
• Said party fails to uphold their duty of care. This can happen in nursing homes for a variety of reasons. For instance, the staff may ignore their responsibilities, or the facility may fail to provide them with the resources they need.  
• This breach of duty causes harm to the other person or their property. A failed duty of care in a nursing home can lead to injury, worsening health, and in some of the worst cases, wrongful death.  

Nursing Home Negligence Examples  

To get a better idea of what nursing home negligence can look like, let’s discuss a few common examples of how it can occur.  

• Inattentive or Abusive Caregivers. When staff are abusive or neglectful towards residents, this not only constitutes negligence on their part, but could also indicate poor hiring practices by the administration. Administrators might also be aware of abusive behavior, but choose not to address it in an appropriate manner.  
• Understaffing. In some cases, the staff may be doing the best they can, but the facility is not staffing enough people at a time to provide adequate care.  
• Undertrained or Unqualified Staff. Another way nursing home facilities can increase the risk of neglect is by failing to properly train staff or by hiring caregivers who do not meet professional standards for the role.  

Any of these scenarios, along with many more, can lead to unsafe conditions constituting nursing home negligence.  

Signs of Nursing Home Negligence  

If you are worried that your loved one is experiencing or has experienced nursing home negligence, it is important to trust your instincts. It may be a difficult notion to accept, but unfortunately, the possibility is all too real. Don’t panic, and don’t blame yourself. Instead, look for the following signs:  

Physical Injury  

If you notice that your loved one has been developing unexplained injuries since entering into care at a nursing facility, it could be a sign of abuse or neglect. Look out for the following injuries especially:  

• Heavy bruising  
• Sprained or broken bones  
• Open wounds  
• Pressure ulcers or bedsores  

Not all injuries necessarily point to nursing home negligence, but if you aren’t able to explain the presence of an injury, and especially if there are multiple injuries like this, then further investigation may be needed.  

Ask the nursing home staff for explanations about how the injuries happened. If something feels off or their explanations don’t align with what you’re seeing, trust your instincts. In those cases, it’s worth reporting your concerns and pursuing a deeper investigation.  

Behavioral Changes  

While minor changes in behavior are not necessarily a cause for alarm, especially when someone is adjusting to a new environment. However, some examples of abuse and neglect in nursing homes can cause significant changes in behavior. Watch out for the following changes:  

• Mobility issues which did not exist prior. This could be an indicator that your loved one is being left stationary for long periods of time, causing them to lose mobility. If you notice this development, consider having a conversation with your loved one as well as the facility's staff about their daily activity and how they are encouraged to stay active.  
• New or significantly increased anxiety, depression, or other psychological symptoms. If your loved one's psychological or mental health is taking a sudden downturn, it could be a sign of abuse or neglect. Mistreatment or neglect can lead to overwhelming emotions like fear, confusion, and resentment. This can cause victims to become depressed, anxious, or closed off. These symptoms could indicate the need for a deeper investigation.  

Signs of Dehydration or Malnutrition  

One way nursing homes can neglect their duty of care to residents is by failing to provide them with proper nutrition. Dehydration and malnutrition can come with a variety of symptoms.  

Signs of dehydration can include:  

• Fatigue (extreme tiredness)  
• Headaches & dizziness  
• Dry mouth  
• Loss of appetite  
• Constipation  
• Swollen feet  
• Muscle cramps  

Signs of malnutrition can include:  

• Sudden/drastic weight loss  
• Fatigue  
• Loss of appetite  
• Reduced concentration  
• Depression  
• Hair loss  

Though these symptoms can have a variety of explanations by themselves, if you are noticing multiple of these signs appearing or increasing since your loved one began their stay at a nursing home, it could indicate negligence on the part of the facility.  

Uncleanliness or Poor Hygiene  

Lastly, signs of uncleanliness in the environment or lack of hygienic care for your loved one can also be an example of neglect or abuse in a nursing home. Maintaining cleanliness—both for your loved one and for the environment they are staying in—is an important part of their care. Failing to meet this standard can come with a variety of health implications.  

What to Do If You Suspect Nursing Home Abuse: Next Steps  

If you suspect nursing home negligence, don’t hesitate to act quickly. We recommend you start by documenting the issues you’ve observed, with photographs of the harm if possible. You may first want to discuss your concerns with the facility directly. If you are fortunate, you may be able to come to an understanding, and they may be able to implement a fast solution to amend the issue and prevent future occurrences.  

However, if the facility isn’t cooperating, or won’t address the issue in a way that satisfies your concerns, you may need to escalate. You can report suspected nursing home negligence to your local Adult Protective Services agency, or, if you suspect that a crime has occurred, local law enforcement. Reporting is deeply important to ensure that the relevant authorities are able to investigate the details of the situation more fully.  

Fight for Justice  

If you or your loved one have suffered losses due to nursing home negligence, you may be entitled to compensation. There are a variety of different types of injury compensation which may apply to your situation, and which can help you to rebuild after facing a nursing home negligence case. Reach out to a personal injury lawyer as soon as possible to discuss the facts of your case and get advice on suing a nursing home for negligence.  

Sources  

• Cleveland Clinic. "Dehydration."  
• Cleveland Clinic. "Malnutrition."