When entrusting the care of a loved one to a nursing home, ensuring their safety and well-being becomes a top priority. Unfortunately, nursing home violations occur more frequently than many realize, potentially putting vulnerable residents at risk. Understanding how to check for these violations can empower families to make informed decisions and take appropriate action when necessary.
At Senior Advocate Center, we believe that knowledge is power. This comprehensive guide will walk you through the process of investigating nursing home violations, understanding regulatory standards, and knowing when to seek legal assistance.
If your family member has suffered from nursing home violations, don't face this challenge alone. Contact Senior Advocate Center today for a confidential consultation and learn how we can help hold negligent facilities accountable.
Why Checking for Nursing Home Violations Matters
Nursing homes are required to adhere to strict federal and state regulations designed to protect residents. These standards cover everything from staff qualifications and facility maintenance to medication management and resident rights. When facilities fail to meet these standards, nursing home violations are documented through various inspection processes.
The consequences of these violations extend beyond regulatory penalties. They directly impact resident health, safety, and quality of life. Some violations may seem minor on paper but can significantly affect day-to-day living conditions. Others present immediate and serious threats to resident welfare.
Regular monitoring of nursing home violations allows families to:
- Evaluate potential facilities before placement
- Monitor ongoing conditions at a current facility
- Recognize warning signs of potential nursing home neglect or abuse
- Make evidence-based decisions about care
- Advocate effectively for improved conditions
Financial Compensation You May Be Entitled To If a Victim of Nursing Home Violations
Victims of nursing home violations may be eligible for various types of financial compensation through legal action. Understanding these potential damages can help families make informed decisions when pursuing justice for their loved ones.
- Medical Expenses: Recovery for all costs associated with treating injuries caused by nursing home violations, including hospitalization, rehabilitation, medications, and ongoing care needs.
- Pain and Suffering: Monetary compensation for physical pain, emotional distress, and reduced quality of life resulting from nursing home violations or abuse.
- Mental Anguish: Financial recovery for psychological trauma, anxiety, depression, or PTSD experienced due to mistreatment, neglect, or abuse in a nursing home setting.
- Wrongful Death Damages: Compensation available to families when nursing home violations result in the death of a loved one, including funeral expenses, loss of companionship, and the resident's pain and suffering before death.
- Punitive Damages: Additional compensation sometimes awarded in cases involving particularly egregious nursing home violations, intended to punish facilities and deter similar conduct.
- Lost Financial Support: Recovery for the economic value of support that would have been provided by the victim to family members had the nursing home violations not occurred.
- Disfigurement Compensation: Financial recovery for permanent scarring, amputations, or other physical alterations caused by nursing home violations or neglect.
- Loss of Enjoyment of Life: Damages awarded for the resident's inability to participate in previously enjoyed activities due to injuries sustained from nursing home violations.
- Future Care Costs: Compensation for anticipated medical and personal care expenses needed to address ongoing health issues caused by nursing home violations.
- Relocation Expenses: Recovery for costs associated with moving the resident to a different facility due to serious nursing home violations or unsafe conditions.
- Property Damage: Reimbursement for personal belongings that were damaged, destroyed, or stolen due to nursing home violations related to security or supervision.
- Prescription Medication Errors: Compensation for adverse health effects resulting from medication mistakes, improper dosing, or withholding prescribed medications.
- Breach of Contract: Financial recovery for the facility's failure to deliver promised services or meet contractual obligations outlined in residency agreements.
- Statutory Damages: Specific compensation amounts established by state elder abuse laws for certain types of nursing home violations or mistreatment.
- Attorney's Fees and Costs: In some nursing home violation cases, the facility may be required to pay for the victim's legal representation and litigation expenses.
What Legally Constitutes a Nursing Home Violation
Nursing homes must comply with both state and federal regulations to ensure resident safety and well-being. The following violations may warrant legal action if they cause harm to residents.
- Insufficient Staffing: Failure to maintain adequate staff-to-resident ratios or appropriately trained personnel as required by state regulations, resulting in neglect or substandard care.
- Medication Errors: Administering incorrect medications, improper dosages, or failing to provide prescribed treatments that lead to adverse health effects or unnecessary suffering.
- Unsanitary Conditions: Allowing unclean living environments, improper waste disposal, or inadequate infection control measures that violate health department standards.
- Physical Abuse: Any intentional physical contact that causes pain, injury, or emotional distress, including unauthorized restraints or rough handling during care procedures.
- Emotional/Psychological Abuse: Verbal harassment, threats, isolation, humiliation, or other behaviors that cause psychological harm to nursing home residents.
- Sexual Abuse: Any non-consensual sexual contact or exposure, including with residents who lack capacity to consent due to cognitive impairments.
- Financial Exploitation: Unauthorized use of residents' financial resources, theft of personal property, fraudulent billing, or coercing residents to modify legal documents.
- Resident Rights Violations: Denying residents their federally protected rights to privacy, dignity, self-determination, communication, and personal choice in their care.
- Inadequate Nutrition or Hydration: Failing to provide proper food, fluids, or assistance with eating that results in malnutrition, dehydration, or weight loss.
- Improper Restraint Usage: Using physical or chemical restraints without proper medical authorization, appropriate monitoring, or legitimate medical necessity.
- Fall Prevention Failures: Neglecting to implement appropriate fall prevention measures or failing to properly assess fall risks for vulnerable residents.
- Pressure Ulcer Development: Allowing preventable pressure sores to develop or worsen due to inadequate repositioning, skin care, or treatment protocols.
- Elopement/Wandering Incidents: Failing to provide adequate supervision or security measures to prevent confused residents from leaving the facility unsupervised.
- Failure to Report Incidents: Not reporting suspected abuse, significant changes in condition, or serious incidents to appropriate authorities as required by law.
- Inadequate Care Planning: Neglecting to develop, implement, or update comprehensive care plans that address each resident's specific needs and risk factors.
- Medication Management Issues: Improper storage, tracking, or disposal of medications that violates pharmacy regulations or creates potential for medication diversion.
- Failure to Provide Medical Care: Delaying or denying access to necessary medical treatment, specialist consultations, or emergency services when warranted.
- Documentation Violations: Falsifying records, failing to maintain required documentation, or deliberately omitting significant events from resident medical records.
- Facility Safety Hazards: Maintaining premises with known safety risks such as faulty equipment, fire hazards, or accessibility barriers that violate building codes.
- Infection Control Breaches: Failing to follow established protocols for preventing, identifying, and containing communicable diseases within the facility.
How to Access Nursing Home Violation Records
1. Medicare's Nursing Home Compare Tool
The Centers for Medicare & Medicaid Services (CMS) maintains a comprehensive database of nursing home inspections and violations through their Nursing Home Compare website.
To use this valuable resource:
- Visit Medicare.gov/care-compare
- Enter the nursing home name or your location
- Select the facility profiles you wish to review
- Navigate to the "Inspections and Complaints" tab
This tool provides detailed information about health inspections, fire safety inspections, and complaints filed against the facility. Each nursing home receives an overall rating from one to five stars, with separate ratings for health inspections, staffing, and quality measures.
The health inspection rating is particularly valuable for identifying nursing home violations. This section details specific deficiencies found during standard surveys, complaint investigations, and facility-reported incidents.
2. State Licensing and Regulatory Agencies
While the federal database provides excellent information, state-level resources often contain additional details about nursing home violations:
- Visit your state's department of health or elder services website
- Look for sections labeled "long-term care," "nursing home inspections," or "facility reporting"
- Search for the specific facility by name
- Review both current and historical reports
State agencies typically conduct annual inspections and investigate complaints, documenting any residential care facility violations they discover. These reports may include information not available in the federal database and often provide more context about the nature and severity of violations.
3. Long-Term Care Ombudsman Programs
Every state has a Long-Term Care Ombudsman program that advocates for nursing home residents. These programs can provide valuable insights about nursing home violations and living facility quality:
- Contact your state or local ombudsman office
- Ask about known issues at specific facilities
- Inquire about patterns of complaints or violations
- Request guidance on interpreting inspection reports
Ombudsmen regularly visit nursing homes and work directly with residents. This gives them firsthand knowledge of conditions that may not yet appear in official records of nursing home violations.
4. On-Site Visits and Observations
While official records of nursing home violations provide critical information, personal observation remains invaluable. When visiting a facility:
- Notice overall cleanliness and maintenance
- Observe staff interactions with residents
- Check for adequate staffing levels across different shifts
- Speak with current residents and family members if possible
- Look for posted inspection certificates and reports
- Pay attention to odors, noise levels, and general atmosphere
Document any concerns that might indicate potential residential care facility violations, including dates, times, and specific observations. These notes can be valuable if you need to file a complaint or consult with a nursing home abuse lawyer.
Understanding Nursing Home Violation Reports
When reviewing documentation of nursing facility violations, you'll encounter specific terminology and categorization systems that require interpretation.
Types of Violations
Nursing home violations are typically categorized based on their severity and potential impact on residents:
- Immediate Jeopardy: The most serious violations that pose an immediate threat to resident health or safety
- Actual Harm: Violations that have resulted in actual harm to one or more residents
- Potential for Harm: Violations that could potentially lead to harm if not corrected
- Minimal Harm or Potential for Minimal Harm: Violations with limited potential impact
The number and severity of violations provide insight into a facility's overall compliance with care standards.
Common Areas of Nursing Home Violations
Understanding the most frequent categories of nursing home violations can help you identify potential red flags:
- Insufficient Staffing: Inadequate staff-to-resident ratios or lack of qualified personnel
- Medication Errors: Improper administration, documentation, or storage of medications
- Fall Prevention Failures: Lack of proper assessment, prevention measures, or response to falls
- Infection Control Issues: Poor sanitation, improper wound care, or failure to follow isolation protocols
- Neglect Indicators: Unaddressed hygiene needs, pressure sores, dehydration, or malnutrition
- Resident Rights Violations: Failure to respect privacy, dignity, or choice
- Environmental Hazards: Unsafe physical conditions, fire safety issues, or maintenance problems
When reviewing facility records, pay particular attention to repeated nursing home violations in the same category, as these may indicate systemic problems rather than isolated incidents.
What to Do When You Discover Nursing Home Violations
If your research reveals concerning nursing home violations, or if you observe potential issues during visits, taking appropriate action is essential.
1. Document Your Findings
Create a detailed record of all nursing home violations you've discovered through research or personal observation. Include:
- Dates and times
- Specific details of the violation
- Names of staff members involved (if known)
- Any photographic evidence (while respecting resident privacy)
- Impact on your loved one or other residents
- Any conversations with facility administration about the issue
This documentation will be valuable regardless of what action you ultimately take.
2. Address Concerns with Facility Administration
For less serious nursing home violations, speaking directly with facility leadership may resolve the issue:
- Request a meeting with the director of nursing or administrator
- Present your concerns calmly and specifically
- Ask about their plan to address the violations
- Set a timeline for expected improvements
- Follow up to ensure changes are implemented
Document all communications, including who you spoke with, when, and what was discussed.
3. File a Formal Complaint
If the facility is unresponsive or the nursing home violations are serious, filing a formal complaint is appropriate:
- Contact your state's nursing home licensing agency
- Submit a detailed description of the violations
- Include all supporting documentation
- Ask about the complaint investigation pr ocess and timeline
- Request to be informed of the complaint investigation's outcome
The agency will typically conduct an unannounced inspection to investigate the reported nursing home violations.
4. Contact the Long-Term Care Ombudsman
The ombudsman can advocate on behalf of residents when nursing home violations affect quality of care or resident rights:
- Provide details about the violations you've discovered
- Ask for assistance in addressing the situation
- Inquire about similar patterns at the facility
- Request representation during meetings with administration
This resource is free and confidential, making it an excellent starting point for many families.
5. Consider Legal Consultation
In cases where nursing home violations have resulted in serious harm, consulting with a nursing home abuse lawyer may be necessary. Legal counsel is particularly important if:
- The violations resulted in significant injury or death
- The facility has a pattern of serious or repeated violations
- Administration has failed to address documented problems
- You suspect intentional neglect or abuse rather than unintentional violations
A nursing home abuse lawyer can evaluate the situation, advise on potential legal actions, and help protect the rights of your loved one and other residents.
Preventing Nursing Home Violations Through Vigilance
While identifying existing nursing home violations is crucial, preventing future problems through ongoing vigilance is equally important:
- Maintain a regular presence: Visit at different times and days to get a complete picture of facility operations
- Participate in care planning: Attend all care plan meetings and stay involved in decisions
- Build relationships with staff: Getting to know caregivers can improve communication and care quality
- Join family councils: These groups can collectively address concerns about nursing home violations
- Continue monitoring public records: Check for new inspection reports or nursing home violations periodically
- Watch for warning signs: Be alert to changes in your loved one's condition, behavior, or mood
Your active involvement can help deter nursing home violations and ensure prompt identification of emerging issues.
The Role of Regulatory Reform
The landscape of nursing home regulation continues to evolve. Recent changes aimed at reducing nursing home violations include:
- Enhanced enforcement of existing regulations
- Increased transparency in public reporting
- Revised rating systems that better reflect quality of care
- Improved staff training requirements
- Greater focus on resident outcomes rather than just processes
Staying informed about these developments can help you better understand and interpret nursing home violation reports.
How a Nursing Home Abuse Attorney Can Hold Care Facilities Accountable
When nursing home violations harm residents, a skilled nursing home abuse lawyer can employ numerous legal strategies to secure justice and prevent future misconduct. Our attorneys at Senior Advocate Center utilize these powerful tools to hold negligent facilities accountable.
- Thorough Investigation: Conducting comprehensive reviews of facility records, interviewing staff and witnesses, and analyzing regulatory histories to document patterns of nursing home violations.
- Evidence Preservation: Acting quickly to secure surveillance footage, medical records, facility logs, and physical evidence before it can be altered or destroyed.
- Regulatory Advocacy: Filing detailed complaints with state licensing boards and federal agencies to trigger official investigations into nursing home violations.
- Medical Record Analysis: Working with healthcare professionals to identify inconsistencies, unauthorized treatments, or signs of abuse that may not be apparent to untrained reviewers.
- Expert Witness Testimony: Collaborating with industry professionals who can establish the appropriate standard of care and explain how the facility's actions constituted serious nursing home violations.
- Strategic Litigation: Filing carefully structured legal actions designed to overcome common defense tactics used by nursing homes to avoid responsibility for violations.
- Damage Documentation: Building comprehensive cases that fully account for all physical, emotional, and financial harms resulting from nursing home violations.
- Policy Change Demands: Negotiating settlement terms that require specific operational improvements beyond monetary compensation to prevent future nursing home violations.
- Insurance Navigation: Identifying all applicable insurance policies and pursuing maximum coverage for nursing home violations despite complex exclusions and limitations.
- Corporate Structure Analysis: Tracing ownership through complex corporate structures to identify all responsible parties, including parent companies and management firms that profit from substandard care.
- Class Action Formation: Uniting multiple victims of similar nursing home violations to increase leverage and expose systemic problems that affect numerous residents.
- Regulatory Compliance Plans: Negotiating court-enforceable agreements requiring facilities to implement specific training, staffing, and supervision improvements.
- Media Coordination: Strategic use of public awareness to spotlight egregious nursing home violations while respecting client privacy and confidentiality.
- Financial Accountability: Pursuing compensation that reflects the true cost of violations, including punitive damages when facilities show conscious disregard for resident safety.
- Legislative Advocacy: Working to strengthen laws and regulations governing nursing homes based on patterns of violations uncovered during case investigations.
- Whistleblower Protection: Providing legal shields for current or former employees who come forward with information about nursing home violations or abuse.
- Digital Evidence Recovery: Obtaining electronic records, staff communications, and facility data that may reveal attempts to conceal or downplay nursing home violations.
- Trial Preparation: Building compelling cases ready for court presentation when facilities refuse to offer fair compensation for documented nursing home violations.
Nursing Home Violation Victim Cases We Take
At Senior Advocate Center, we represent victims of nursing home violations across a wide spectrum of mistreatment and neglect scenarios. Our legal team is committed to pursuing justice for elderly and vulnerable residents who have suffered harm due to facility negligence or misconduct.
- Physical Abuse Cases: Representing residents who have suffered unauthorized physical contact, excessive force during care, intentional harm, or improper restraint use by staff or other residents.
- Neglect and Abandonment: Pursuing compensation for residents who experienced harm from inadequate supervision, extended periods without assistance, or failure to provide essential care necessities.
- Medication Errors: Handling cases involving incorrect medication administration, dosage mistakes, dangerous drug interactions, or deliberate medication withholding that caused resident harm.
- Falls and Mobility Injuries: Advocating for residents injured due to lack of fall prevention measures, improper transfer techniques, inadequate mobility assistance, or unsafe facility conditions.
- Pressure Ulcer Development: Taking action when preventable bedsores or pressure wounds develop or worsen due to nursing home violations of proper positioning and wound care protocols.
- Malnutrition and Dehydration: Representing residents who suffered health complications from insufficient food, inadequate hydration, or lack of feeding assistance in violation of care standards.
- Infections Due to Poor Sanitation: Pursuing cases involving preventable infections caused by unsanitary conditions, inadequate infection control, or improper wound treatment protocols.
- Elopement and Wandering: Advocating for families whose loved ones were injured after being allowed to leave facilities unsupervised due to inadequate security or monitoring.
- Sexual Abuse or Assault: Providing compassionate representation for victims of sexual abuse, inappropriate touching, or sexual assault committed by staff members or other residents.
- Emotional and Psychological Abuse: Taking action against facilities where staff engaged in humiliation, isolation, intimidation, or other forms of emotional mistreatment of residents.
- Financial Exploitation: Pursuing cases involving theft of resident funds, unauthorized charges, manipulated financial documents, or coerced changes to wills or power of attorney.
- Wrongful Death: Representing families who have lost loved ones due to severe nursing home violations resulting in fatal injuries, untreated medical conditions, or neglect.
- Choking and Aspiration Incidents: Handling cases where residents choked or aspirated food due to inadequate supervision, improper diet orders, or failure to follow feeding protocols.
- Delayed Medical Treatment: Taking legal action when facilities fail to promptly recognize, report, or seek treatment for significant changes in resident condition.
- Inadequate Staffing Violations: Pursuing cases where insufficient staffing levels directly contributed to resident harm, neglect, or inability to meet basic care needs.
- Medication Theft or Diversion: Representing residents who suffered pain or withdrawal symptoms when staff diverted or stole prescribed medications for personal use or sale.
- Failure to Prevent Resident-on-Resident Violence: Advocating for residents injured by other residents when facilities failed to provide adequate supervision or separate known aggressors.
- Improper Eviction or Discharge: Taking action against facilities that improperly discharged residents without adequate notice, planning, or safe alternative arrangements.
Stand Up For Your Loved One's Rights
If your family member has suffered from nursing home violations, don't face this challenge alone. Contact Senior Advocate Center today for a confidential consultation and learn how we can help hold negligent facilities accountable.
Nursing Home Violation FAQs
What is the statute of limitations for nursing home violation cases? Most states allow between one to three years to file a lawsuit for nursing home violations, but this timeframe varies by location and can be affected by when the violation was discovered rather than when it occurred. Consulting with a nursing home abuse lawyer promptly ensures you don't lose your right to pursue compensation.
How much does it cost to hire an attorney for a nursing home violation case? Senior Advocate Center handles nursing home violation cases on a contingency fee basis, meaning you pay no upfront costs and we only collect fees if we secure compensation for your loved one. This arrangement makes legal representation accessible regardless of financial situation.
Can I sue a nursing home for violations if my loved one has since passed away? Yes, families can pursue legal action for nursing home violations even after a resident has passed away. These claims may be filed as wrongful death suits or survival actions depending on the circumstances and applicable state laws.
What evidence is most important in nursing home violation cases? Medical records, facility documentation, photographs of injuries, witness statements, and state inspection reports are particularly valuable in establishing nursing home violations. Our team works quickly to secure and preserve all relevant evidence before it can be altered or destroyed.
How long do nursing home violation cases typically take to resolve? While some nursing home violation cases settle within months, more complex situations may take one to two years, especially if the case proceeds to trial. Our attorneys work efficiently while still ensuring we pursue the maximum compensation possible for your family.
Are nursing homes required to report violations to state authorities? Yes, federal and state regulations require nursing homes to self-report certain types of incidents, injuries, and violations. However, facilities often fail to properly document or report these events, making independent investigation crucial.
What's the difference between civil and criminal proceedings for nursing home violations? Civil lawsuits for nursing home violations seek financial compensation for victims, while criminal charges aim to punish wrongdoers with fines or imprisonment. Some serious violations may trigger both types of proceedings, which can proceed simultaneously.
Can I remain anonymous when reporting nursing home violations? Many state agencies allow anonymous reporting of nursing home violations to protect whistleblowers from retaliation. However, if you later decide to pursue legal action, your identity will eventually need to be disclosed during the legal process.
How can I transfer my loved one from a facility with nursing home violations? If immediate safety is a concern, contact your local long-term care ombudsman or adult protective services while simultaneously searching for alternative facilities. A nursing home abuse lawyer can help facilitate this transition while preserving evidence of violations.
Will the nursing home retaliate against my loved one if we report violations? Federal law strictly prohibits retaliation against residents for reporting nursing home violations. If you observe any adverse treatment following a complaint, document it immediately and contact your attorney, as this constitutes additional grounds for legal action.
What role do state surveys play in identifying nursing home violations? State health departments conduct regular unannounced inspections to identify nursing home violations and ensure compliance with regulations. These surveys, along with their findings and facility responses, become public records that can provide valuable evidence in legal cases.
Can I install a camera in my loved one's nursing home room to monitor for violations? Laws regarding electronic monitoring in nursing homes vary significantly by state. Some states expressly permit camera installation with proper notice, while others have restrictions or require facility and roommate consent. Before installing any monitoring device, consult with a nursing home abuse lawyer about the legality in your jurisdiction.
How are damages calculated in nursing home violation cases? Compensation is determined by factors including medical costs, pain and suffering, emotional distress, and the nature and severity of the nursing home violations. In cases involving particularly egregious conduct, punitive damages may also be available to punish the facility.
What happens to the nursing home if violations are proven? Facilities found responsible for serious nursing home violations may face monetary penalties, increased oversight, required operational changes, or in extreme cases, license revocation. These consequences can occur through both the legal system and regulatory enforcement.
Are corporate nursing home chains handled differently in violation cases? Large nursing home corporations often employ complex legal structures designed to shield assets and limit liability for violations. Our attorneys have experience navigating these corporate webs to identify all responsible parties and access appropriate insurance coverage and corporate resources.
How can I verify if complaints or violations have been previously filed against a nursing home? Nursing home violations and complaint histories can be researched through Medicare's Nursing Home Compare website, state health department databases, and by requesting facility records directly. Our team can assist with compiling and interpreting this information.
What if the nursing home claims I signed an arbitration agreement? Many nursing home admission contracts contain arbitration clauses attempting to prevent residents from filing lawsuits for violations. However, these agreements can often be challenged based on signing capacity, unconscionability, or failure to properly explain the terms. Never assume an arbitration agreement prevents legal action without consulting an attorney.
Can nursing home staff be held personally liable for violations? Individual staff members can face personal liability for nursing home violations in addition to facility responsibility, particularly in cases involving intentional misconduct, abuse, or actions outside the scope of employment. Both the facility and specific employees may be named in legal actions.
What should I do if the nursing home denies any violations occurred? Facilities frequently deny responsibility for nursing home violations despite clear evidence. When this happens, documenting all observations, preserving communications, and consulting with a nursing home abuse lawyer promptly become even more crucial to establishing the truth.
How can I help strengthen my loved one's nursing home violation case? Keep detailed records of all facility visits, staff interactions, and observed conditions; photograph any visible injuries or concerning conditions; maintain a timeline of events; save all correspondence with the facility; and promptly report concerns through official channels while also consulting with an attorney.
Are nursing homes required to conduct criminal background checks on employees? Federal regulations require nursing homes to screen all employees and contractors through state and federal criminal background databases before hiring. Facilities that fail to properly screen staff or hire individuals with disqualifying criminal conviction histories may face serious nursing home violations and liability for subsequent harm to residents.
What information is included in nursing home employee background checks? Comprehensive background screenings for nursing home staff must include federal and state criminal records, sex offender registries, exclusion lists from federal healthcare programs, and abuse registries maintained by each state. Some facilities also check credit histories, employment verification, professional licensing records, and driver records, where applicable, to ensure staff meet all regulatory requirements and don't pose risks to vulnerable residents.
Can nursing homes hire employees with expunged or sealed criminal records? While expunged records are generally hidden from public view, healthcare facilities often have access to sealed criminal records, including felony expungements, through specialized background check systems. Nursing homes that discover concerning criminal record reports through these enhanced screenings typically cannot hire those individuals for direct care positions.
What happens if a nursing home employee commits a crime while working at the facility? When nursing home staff commit crimes against residents, both the individual employee and the facility may face liability for nursing home violations. The facility can be held responsible for inadequate supervision, improper hiring practices, or failure to respond appropriately to warning signs of problematic behavior.