When families make the difficult decision to place their loved ones in a nursing home, they expect these facilities to provide quality care, respect residents' rights, and maintain a safe environment. Unfortunately, some nursing homes may engage in practices that are not only unethical but also illegal. Understanding things nursing homes are not allowed to do is essential for protecting vulnerable seniors and ensuring they receive the care they deserve.
At Senior Advocate Center, we're committed to protecting older adults by educating families about nursing home regulations and residents' rights. This comprehensive guide outlines prohibited practices in nursing homes and what actions you can take if your loved one's rights have been violated.
Residents' Rights Under Federal Law
Before diving into things nursing homes are not allowed to do, it's important to understand that nursing home residents have specific rights protected by federal law, primarily through the Nursing Home Reform Act of 1987. This landmark legislation established a "Bill of Rights" for nursing home residents and set minimum standards of care.
Key Prohibited Practices in Nursing Homes
1. Physical Restraints Without Medical Necessity
One of the most concerning things nursing homes are not allowed to do is use physical restraints without proper justification. Physical restraints include any manual method, device, material, or equipment that restricts freedom of movement or normal access to one's body.
Nursing homes are not allowed to:
- Use restraints for staff convenience
- Apply restraints as a form of punishment
- Implement restraints without a physician's order
- Continue restraint use without regular reassessment
Physical restraint misuse can constitute elder abuse and is strictly prohibited. Any restraint must be the least restrictive option and only used when necessary to ensure the resident's safety or the safety of others.
2. Chemical Restraints and Medication Misuse
Similar to physical restraints, nursing homes are not allowed to use medications as chemical restraints. This practice involves administering drugs to control behavior rather than to treat medical conditions.
Prohibited practices include:
- Administering sedatives or psychotropic medications without appropriate diagnosis
- Using medications to make residents easier to manage
- Failing to monitor for medication side effects
- Administering medications without informed consent
The inappropriate use of psychotropic medications in nursing homes has been identified as a serious form of chemical restraint that may constitute elder abuse in certain circumstances.
3. Financial Exploitation
Among the things nursing homes are not allowed to do, financial exploitation ranks as particularly egregious. Nursing homes and their staff cannot:
- Access residents' funds without proper authorization
- Pressure residents to revise wills or financial documents
- Charge for services covered by Medicare or Medicaid
- Require third-party guarantees of payment as a condition for admission or continued stay
- Force residents to pay out-of-pocket for covered services
Financial exploitation is one of the most common forms of elder abuse in long-term care settings and requires vigilant oversight from family members.
4. Involuntary Discharge or Transfer
Nursing homes cannot arbitrarily discharge or transfer residents. Federal regulations specify limited circumstances under which a facility can initiate a discharge:
- The facility cannot meet the resident's needs
- The resident's health has improved, making nursing home care unnecessary
- The resident endangers the safety or health of others
- The resident has failed to pay after reasonable notice
- The facility ceases operation
Even in these circumstances, nursing homes must:
- Provide 30 days' notice (except in emergencies)
- Document the reason for discharge
- Prepare a safe and appropriate discharge plan
- Inform residents of their right to appeal
- Ensure the new setting meets the resident's needs
Improper discharge, sometimes called "resident dumping," is among the things nursing homes are not allowed to do and represents a serious violation of residents' rights.
5. Restricting Visitors or Communication
Nursing homes cannot arbitrarily restrict residents' rights to visitors or communication. Residents have the right to:
- Receive visitors of their choosing at reasonable times
- Private, unrestricted communication with anyone they choose
- Access to a telephone with privacy
- Send and receive mail without interference
- Access to the internet and electronic communications
While facilities may establish reasonable visiting hours, they cannot completely restrict visitation or monitor communications without just cause.
6. Denying Access to Medical Records
Among the things nursing homes are not allowed to do is withhold medical information from residents or their authorized representatives. Nursing homes must:
- Provide access to all medical records within 24 hours of a request
- Supply copies of records within two working days
- Explain medical terms and notations in understandable language
- Maintain confidentiality of all health information
Transparency in medical recordkeeping is essential to prevent hidden instances of neglect or elder abuse.
7. Neglect of Basic Needs
Nursing homes are legally required to provide for residents' basic needs. Nursing homes are not allowed to:
- Fail to provide adequate nutrition and hydration
- Neglect personal hygiene assistance
- Ignore call lights or requests for assistance
- Leave residents in soiled clothing or bedding
- Maintain unsafe or unsanitary living conditions
- Ignore pressure ulcer prevention and treatment
Neglect of basic needs is one of the most common forms of elder abuse in institutional settings and is strictly prohibited.
8. Inappropriate or Inadequate Staffing
While specific staffing ratios vary by state, nursing homes are not allowed to:
- Operate without a registered nurse on duty at least 8 hours a day, 7 days a week
- Function without licensed nursing personnel 24 hours a day
- Fail to provide sufficient staff to meet residents' needs
- Employ staff without proper training or background checks
Inadequate staffing often leads to neglect and can create conditions where elder abuse is more likely to occur.
9. Discrimination in Admissions or Care
Among the things nursing homes are not allowed to do is discriminate against residents. Nursing homes are not allowed to:
- Refuse admission based on race, color, national origin, disability, age, or religion
- Provide different quality of care based on how the resident pays (Medicare, Medicaid, private pay)
- Segregate residents based on payment source
- Deny services to residents with certain conditions (such as HIV/AIDS)
All residents deserve equal treatment regardless of their background or payment method.
10. Failure to Develop and Follow Care Plans
Nursing homes are required to develop comprehensive care plans for each resident and cannot:
- Neglect to create individualized care plans
- Fail to include residents and family members in care planning
- Ignore care plan requirements or scheduled activities
- Skip regular reassessment and updates to the plan
Care plans serve as roadmaps for quality care and help prevent neglect or elder abuse through standardized protocols.
11. Billing Fraud and Improper Charges
Among the things nursing homes are not allowed to do, fraudulent billing practices are serious violations that may constitute criminal activity. Nursing homes are not allowed to:
- Bill for services not provided
- Double-bill Medicare and Medicaid
- Charge residents for Medicare or Medicaid covered services
- Misrepresent the level of care provided
- Require additional payments beyond those allowed by law
Families should carefully review all billing statements to identify potential fraud.
12. Retaliation Against Complaints
Nursing homes cannot retaliate against residents or family members who:
- File complaints with regulatory agencies
- Participate in resident or family councils
- Advocate for improved care
- Report suspected elder abuse or neglect
- Exercise any of their legal rights
Protection against retaliation is essential to ensure residents and families can safely advocate for proper care.
13. Privacy Violations
Respecting residents' privacy is not just ethical but legally required. Nursing homes are not allowed to:
- Conduct personal care without providing privacy
- Share personal or medical information without consent
- Enter residents' rooms without knocking (except in emergencies)
- Deny residents private space for intimate activities
- Record or photograph residents without permission
Privacy violations can be particularly distressing and may constitute elder abuse in certain contexts.
14. Failure to Provide Activity Programs
Quality of life matters in long-term care. Nursing homes are not allowed to:
- Fail to provide activities that meet residents' interests
- Ignore residents' preferences for social, religious, or community activities
- Deny access to outdoor spaces (when safely possible)
- Fail to accommodate residents with cognitive impairments in activity planning
Meaningful activities are essential for mental health and well-being.
15. Improper Handling of Personal Property
Among the things nursing homes are not allowed to do is mishandle residents' personal belongings. Nursing homes are not allowed to:
- Dispose of personal items without permission
- Fail to investigate loss or damage to belongings
- Deny residents the right to personalize their living space
- Restrict reasonable amounts of personal possessions
Respecting personal property is an important aspect of maintaining dignity and preventing elder abuse.
Red Flags and Warning Signs
Families should be vigilant for signs that a nursing home may be engaging in prohibited practices:
- Unexplained bruises, injuries, or weight loss
- Sudden changes in behavior or cognition
- Overmedication or excessive sedation
- Unsanitary conditions or poor hygiene
- Recurring infections or pressure ulcers
- Unresponsive staff or administration
- Restricted access to the resident or information
- Unexpected charges or financial irregularities
These warning signs may indicate that the nursing home is engaging in things nursing homes are not allowed to do.
Financial Compensation You May Be Entitled To If a Victim of Nursing Home Elder Abuse
At Senior Advocate Center, we fight tirelessly for victims of nursing home elder abuse to receive the financial compensation they legally deserve for their suffering and damages.
- Medical Expense Reimbursement: Compensation covering all treatments, medications, therapy, and hospital stays required to address injuries sustained from elder abuse in nursing homes.
- Pain and Suffering Damages: Financial recovery for physical pain, emotional distress, and reduced quality of life resulting from nursing home neglect or mistreatment.
- Wrongful Death Compensation: Monetary damages awarded to family members when elder abuse or neglect directly contributes to a loved one's death in a nursing facility.
- Punitive Damages: Additional financial penalties imposed against nursing homes that demonstrate gross negligence, willful misconduct, or patterns of elder abuse to deter future violations.
- Relocation Costs: Compensation for expenses incurred when transferring an elder abuse victim to a different, safer nursing home or care facility.
- Lost Personal Property: Reimbursement for personal belongings that were stolen, damaged, or misappropriated while the victim resided in the nursing home where elder abuse occurred.
- Mental Health Treatment Expenses: Coverage for counseling, therapy, and psychiatric services needed to address trauma and emotional suffering caused by nursing home abuse.
- Physical Therapy Costs: Financial compensation for rehabilitation services required to restore mobility or function following physical elder abuse or neglect in nursing facilities.
- Breach of Contract Damages: Monetary recovery when nursing homes fail to provide the standard of care they contractually agreed to deliver, contributing to elder abuse situations.
- Prescription Medication Costs: Reimbursement for medications needed to treat conditions that developed or worsened due to nursing home neglect or elder abuse.
- Legal Fee Coverage: In many successful elder abuse cases, the responsible nursing home may be required to cover your legal expenses in addition to other compensation.
- Loss of Enjoyment Damages: Financial compensation for diminished ability to participate in previously enjoyed activities due to nursing home elder abuse or neglect.
- Emergency Response Expenses: Reimbursement for ambulance services, emergency room visits, and urgent care necessitated by nursing home abuse incidents.
- Long-Term Care Costs: Additional compensation to cover enhanced care needs resulting from permanent injuries sustained through nursing home elder abuse.
- Bed Sore Treatment Compensation: Specific damages for the painful and costly treatment of pressure ulcers developed due to nursing home neglect, a common form of elder abuse.
- Emotional Distress Damages: Financial recovery for anxiety, depression, PTSD, and other emotional conditions stemming from traumatic elder abuse experiences.
- Dignitary Harm Compensation: Monetary damages for violations of personal dignity, privacy rights, and autonomy that occur during incidents of nursing home elder abuse.
- Funeral and Burial Expenses: Coverage of end-of-life costs when elder abuse in nursing homes contributes to a resident's premature death.
- Nutritional Support Costs: Compensation for dietary supplements and nutritional intervention needed after experiencing malnutrition due to nursing home neglect.
- Monitoring and Preventative Care: Financial coverage for additional oversight, specialized care, and preventative measures needed after experiencing elder abuse in a nursing facility.
How an Elder Abuse Lawyer Can Maximize Your Compensation and Hold Nursing Homes Accountable
Our dedicated nursing home abuse attorneys work tirelessly to ensure victims of nursing home misconduct receive the maximum compensation possible while holding facilities accountable for things nursing homes are not allowed to do.
- Case Evaluation Expertise: An elder abuse lawyer conducts thorough assessments of your situation to identify all potential violations and corresponding compensation opportunities that might otherwise be overlooked.
- Evidence Collection and Preservation: Attorneys experienced in elder abuse cases know exactly what documentation to gather, including medical records, facility logs, staffing records, and photographic evidence of injuries to build a compelling case.
- Expert Witness Coordination: Your lawyer will consult with medical professionals, care standard experts, and financial analysts who can testify about the extent of damages and violations of accepted nursing home protocols.
- Regulatory Compliance Knowledge: Elder abuse attorneys understand the complex web of federal and state regulations governing nursing homes, allowing them to identify specific violations that strengthen your compensation claim.
- Full Damage Assessment: A qualified lawyer ensures all forms of harm are accounted for, including physical injuries, emotional suffering, financial losses, and diminished quality of life resulting from elder abuse.
- Strategic Negotiation Skills: Elder abuse lawyers leverage their experience to counter insurance company tactics and negotiate settlements that truly reflect the severity of nursing home misconduct.
- Trial Preparation Capabilities: When nursing homes refuse fair settlements, your attorney builds a compelling courtroom strategy designed to demonstrate the full impact of elder abuse to judges and juries.
- Insurance Policy Analysis: Experienced lawyers examine all applicable insurance policies to identify maximum coverage limits and multiple sources of compensation for nursing home violations.
- Statute of Limitations Management: Your attorney ensures all legal filings occur within required timeframes, preserving your right to compensation when nursing homes engage in activities they are not allowed to do.
- Family Communication Coordination: Elder abuse lawyers serve as intermediaries between facilities and families, documenting all interactions and preventing statements that could potentially undermine your compensation claim.
- Regulatory Agency Reporting: Your attorney coordinates with state oversight agencies, ombudsman programs, and licensing boards to trigger investigations that can provide additional evidence of elder abuse.
- Settlement Evaluation Guidance: Lawyers specializing in elder abuse provide crucial perspective on whether offered settlements adequately address the severity of nursing home violations and associated damages.
- Corporate Structure Investigation: Experienced attorneys track ownership networks of nursing home chains to identify all responsible parties, including parent companies with deeper financial resources for compensation.
- Documentation of Long-Term Effects: Your lawyer works with medical experts to project future care needs and expenses resulting from elder abuse, ensuring compensation covers ongoing treatment requirements.
- Private Investigation Resources: Elder abuse attorneys often employ specialized investigators who can interview witnesses, document facility conditions, and uncover patterns of elder abuse that strengthen your case.
- Mediation Representation: Your lawyer advocates forcefully during alternative dispute resolution proceedings, presenting comprehensive evidence of nursing home violations while pursuing maximum compensation.
- Damages Calculation Precision: Attorneys use established legal formulas and precedents to accurately quantify non-economic damages like pain and suffering resulting from elder abuse in nursing homes.
- Multi-Party Claim Coordination: When multiple entities share responsibility for elder abuse, your lawyer navigates complex legal relationships between management companies, staffing agencies, and healthcare providers.
- Policy Violation Documentation: Elder abuse attorneys systematically compare facility practices with their own published policies to identify internal rule violations that strengthen compensation claims.
- Appeal Process Navigation: If initial rulings are inadequate, your lawyer manages the appeals process, presenting additional evidence and legal arguments to secure appropriate compensation for nursing home elder abuse.
Nursing Home Abuse Victim Cases We Take
Our firm represents victims and families affected by all forms of nursing home misconduct, fighting to hold facilities accountable for things nursing homes are not allowed to do.
- Physical Abuse Cases: Our attorneys pursue justice for residents who have suffered hitting, pushing, improper restraint use, or any other form of physical elder abuse by nursing home staff or other residents.
- Neglect and Abandonment: We represent seniors who have experienced bedsores, malnutrition, dehydration, medication errors, or other forms of care neglect that facilities are legally prohibited from allowing.
- Financial Exploitation: Our team handles cases involving theft of personal belongings, unauthorized bank withdrawals, coerced changes to wills or powers of attorney, and other financial elder abuse occurring in nursing homes.
- Sexual Abuse Incidents: We provide compassionate representation for victims of unwanted touching, sexual assault, or any form of sexual elder abuse, ensuring perpetrators and negligent facilities face appropriate consequences.
- Medication Mismanagement: Our lawyers address situations where nursing homes administer incorrect medications, improper dosages, or use chemical restraints as a form of control rather than for legitimate treatment purposes.
- Fall and Injury Cases: We take action when nursing homes fail to implement proper fall prevention protocols, leading to serious injuries that could have been prevented with appropriate staffing and safety measures.
- Malnutrition and Dehydration: Our attorneys pursue compensation for residents who suffer health complications from inadequate food or fluid intake due to understaffing or negligent monitoring practices.
- Pressure Ulcer Development: We represent victims who develop bedsores (pressure ulcers) due to lack of repositioning, proper hygiene, or appropriate preventative care that nursing homes are required to provide.
- Wandering and Elopement: Our team handles cases involving residents who suffer harm after being allowed to wander unsupervised or leave facilities due to inadequate security or monitoring systems.
- Improper Resident Transfer: We take action when nursing homes injure residents through improper lifting techniques, inadequate assistance during transfers, or failure to use appropriate transfer equipment.
- Emotional and Psychological Abuse: Our attorneys address cases involving threats, isolation, humiliation, or other forms of psychological elder abuse that cause significant emotional distress to residents.
- Unsanitary Living Conditions: We represent individuals subjected to unclean environments, pest infestations, or other unhygienic conditions that nursing homes are legally required to prevent.
- Wrongful Death Claims: Our firm pursues justice for families whose loved ones died prematurely due to nursing home neglect, abuse, or substandard care that facilities are prohibited from providing.
- Inadequate Staff Training: We take cases where nursing home staff lack proper training to handle residents' needs, resulting in preventable injuries or complications that constitute elder abuse.
- Medical Care Denial: Our attorneys address situations where nursing homes fail to provide timely access to physicians, emergency services, or necessary medical treatments as required by law.
- Infection Control Failures: We represent residents who develop preventable infections due to poor hygiene practices, inadequate wound care, or other infection control lapses in nursing facilities.
- Resident-to-Resident Violence: Our team handles cases where nursing homes fail to protect residents from aggressive behaviors of other residents, resulting in preventable injuries and trauma.
- Visitation Restriction Violations: We take action when facilities improperly restrict family visits or communication beyond what is legally permitted, a practice that nursing homes are not allowed to do.
- Privacy Violations: Our attorneys address cases involving unauthorized photography, exposure during care, sharing of private information, or other breaches of residents' privacy rights.
- Improper Discharge or Eviction: We represent seniors who have been improperly discharged, transferred, or evicted from facilities without proper notice or adequate discharge planning as required by law.
What to Do if You or a Loved One Is a Victim of Nursing Home Abuse
At Senior Advocate Center, we understand the distress and confusion that follows discovering nursing home elder abuse, and we're committed to guiding families through the critical steps to protect their loved ones from things nursing homes are not allowed to do.
- Ensure Immediate Safety: If your loved one faces imminent danger, contact emergency services (911) immediately to address urgent health concerns and remove them from harmful situations.
- Document All Evidence: Take clear photographs of any visible injuries, unsanitary conditions, or safety hazards, and keep detailed notes of all concerning incidents including dates, times, and names of staff involved.
- Obtain Medical Attention: Have your loved one evaluated by an independent healthcare provider who can properly document injuries, assess their condition, and create medical records that can serve as crucial evidence of elder abuse.
- Report to Facility Administration: File a formal complaint with the nursing home's director or administrator, documenting your concerns in writing and requesting a prompt investigation of the alleged elder abuse.
- Contact Adult Protective Services: Report suspected nursing home elder abuse to your local Adult Protective Services office, which can launch an official investigation and implement protective measures.
- File with State Licensing Agencies: Submit a complaint to your state's nursing home licensing board or health department, which oversees facilities and can impose sanctions for violations of things nursing homes are not allowed to do.
- Notify the Long-Term Care Ombudsman: Reach out to your regional ombudsman, a designated advocate for nursing home residents who can investigate complaints, mediate disputes, and help resolve instances of elder abuse.
- Preserve Communication Records: Save all emails, letters, and text messages exchanged with facility staff, and take detailed notes of phone conversations including the date, time, person spoken to, and content discussed.
- Request Complete Medical Records: Submit a formal written request for your loved one's complete medical records, which may reveal inconsistencies, unexplained injuries, or medication errors indicative of nursing home elder abuse.
- Gather Witness Statements: Collect written or recorded statements from other residents, visitors, or staff members who may have witnessed the elder abuse or can attest to ongoing problems within the facility.
- Consider Facility Transfer: Research alternative nursing homes with better safety records and care standards, and prepare for a possible transfer if the current facility cannot guarantee your loved one's safety.
- Monitor for Retaliation: Be vigilant for signs of retaliation against your loved one after reporting abuse, as intimidation or declining care quality following complaints are things nursing homes are not allowed to do.
- Maintain a Visitor Presence: Arrange for family members or trusted friends to visit regularly at different times and days to monitor care quality and deter potential elder abuse through increased oversight.
- Review the Resident Contract: Examine the admission agreement for information about grievance procedures, resident rights, and facility obligations, which can strengthen your case against nursing home violations.
- Preserve Financial Records: Safeguard bank statements, receipts, and billing documents that might reveal unauthorized charges or financial exploitation, a common form of elder abuse in nursing homes.
- Consult with Healthcare Advocates: Engage professional patient advocates who specialize in elder care to help navigate complex healthcare systems and ensure proper treatment for nursing home abuse victims.
- Join Support Groups: Connect with organizations and support groups for families affected by nursing home elder abuse to share experiences, gather resources, and receive emotional support during this challenging time.
- Consider Camera Monitoring: Research your state's laws regarding electronic monitoring in nursing homes, as in many jurisdictions, families can legally install cameras to document care and deter elder abuse.
- Maintain Detailed Journal: Keep a comprehensive log of all observations, interactions with staff, changes in your loved one's condition, and any incidents that may indicate ongoing violations of proper care standards.
- Consult with an Elder Abuse Attorney: Contact an experienced nursing home abuse lawyer at Senior Advocate Center who specializes in elder law to evaluate your case, explain your legal options, and help hold facilities accountable for things nursing homes are not allowed to do.
Get Justice for Your Loved One Today
Don't let nursing home elder abuse continue unchallenged. The Senior Advocate Center is ready to protect your loved one's rights and dignity while holding negligent facilities accountable for things nursing homes are not allowed to do. Contact us today for a free, confidential consultation and take the first step toward justice.
Nursing Home Abuse Lawyer FAQs
How long do I have to file a nursing home abuse lawsuit? The statute of limitations for nursing home elder abuse cases varies by state, typically ranging from one to three years from the date the abuse was discovered or should have been reasonably discovered. Contacting our attorneys promptly ensures you don't lose your right to pursue justice for things nursing homes are not allowed to do.
What is the difference between nursing home abuse and neglect? Abuse involves intentional actions that cause harm, such as physical assault, verbal threats, or financial exploitation. Neglect refers to failure to provide proper care, resulting in harm through inaction, such as not repositioning residents, skipping medications, or failing to provide adequate nutrition. Both are things nursing homes are not allowed to do and can be grounds for legal action.
How much does it cost to hire a nursing home abuse lawyer? Senior Advocate Center handles nursing home elder abuse cases on a contingency fee basis, meaning you pay nothing upfront and we only collect fees if we secure compensation for you. Initial consultations are always free, making quality legal representation accessible to all victims.
Can I file a lawsuit if my loved one signed an arbitration agreement? Many arbitration agreements in nursing home contracts can be challenged successfully, especially when they're unconscionable or when the resident lacked capacity when signing. Our attorneys regularly overcome arbitration barriers to pursue justice for elder abuse victims.
What if my loved one is unable to communicate or testify about the abuse? We can still build compelling cases even when victims cannot communicate, using medical records, witness testimony, facility documentation, expert analysis, and other evidence to establish patterns of elder abuse or things nursing homes are not allowed to do.
Will filing a lawsuit mean my loved one has to leave the nursing home? Not necessarily. In some cases, we can pursue legal action while your loved one remains in the facility, though we often recommend transitioning to a safer environment when possible. We can help navigate this decision based on your specific circumstances.
How can I prove emotional or psychological abuse occurred? Psychological elder abuse can be documented through behavioral changes, witness accounts, psychological evaluations, medication changes, and facility records. Our attorneys work with mental health experts to establish the connection between facility conduct and emotional harm.
Is it worth filing a lawsuit for minor injuries or short-term abuse? Even seemingly minor incidents may indicate systemic problems that could affect many residents. Pursuing justice helps protect your loved one and others from things nursing homes are not allowed to do, potentially preventing more serious harm in the future.
Will my loved one have to appear in court? Many nursing home elder abuse cases settle before trial, meaning your loved one may never need to appear in court. If a court appearance is necessary, we work to make accommodations for their comfort and well-being, including remote testimony when appropriate.
How do I know if the nursing home is violating federal regulations? Federal regulations under the Nursing Home Reform Act establish minimum standards of care. Signs of violations include understaffing, medication errors, inadequate training, unsanitary conditions, or improper use of restraints. Our attorneys are well-versed in identifying these infractions.
Can I file a lawsuit against individual staff members or only the facility? Legal action can potentially be taken against both the facility and individual perpetrators of elder abuse, depending on the circumstances. We typically pursue claims against the facility, its parent company, administrators, and sometimes individual staff members.
What types of experts are used in nursing home abuse cases? We regularly work with geriatric care specialists, medical experts, forensic accountants, standard of care consultants, and mental health professionals who can testify about the nature and impact of elder abuse and things nursing homes are not allowed to do.
What if the abuse occurred at an assisted living facility rather than a nursing home? We handle cases involving all types of long-term care facilities, including assisted living residences, memory care units, rehabilitation centers, and skilled nursing facilities. Different regulations may apply, but residents maintain legal protections against mistreatment.
How long do nursing home abuse lawsuits typically take to resolve? While some cases settle within months, complex elder abuse litigation may take one to three years to fully resolve. Our attorneys work efficiently to secure timely compensation while never sacrificing the quality of representation or settlement value.
What happens if my loved one passes away during the lawsuit? If your loved one passes away during litigation, the case can typically continue as part of the estate. In some instances, it may transform into a wrongful death claim if the elder abuse contributed to their passing, potentially involving different compensation structures.
Can I request specific changes to nursing home policies as part of a settlement? Yes, policy reforms can be negotiated as part of settlement agreements in elder abuse cases. Our attorneys often advocate for specific facility improvements, staff training requirements, and monitoring protocols to prevent future instances of misconduct.
Will my loved one's medical conditions complicate the abuse case? Pre-existing conditions do not prevent successful elder abuse claims. Facilities are responsible for providing appropriate care regardless of residents' medical complexities. In fact, vulnerable health status often increases a facility's duty of care to prevent harm.
How are damages calculated in nursing home abuse cases? Compensation is calculated based on medical expenses, pain and suffering, emotional distress, reduced quality of life, and in some cases, punitive damages. Our attorneys work with medical and economic experts to accurately value the full impact of elder abuse.
Can I pursue a case if the abuse happened years ago but was only recently discovered? Many states apply a "discovery rule" that extends the timeframe for filing lawsuits when elder abuse is concealed or reasonably undiscoverable. If you've recently uncovered evidence of past mistreatment, contact us immediately to evaluate your legal options.
What happens during the initial consultation with a nursing home abuse attorney? During your free consultation, our attorneys will listen to your concerns, review available evidence, explain relevant laws regarding things nursing homes are not allowed to do, outline potential legal strategies, and help you understand the next steps in protecting your loved one's rights.