Nursing Home Negligence

Nursing home cases are some of the most difficult cases we encounter. They are difficult because of the complexities presented and the vigorous and expensive defenses mounted by the large corporations that own the nursing homes. But, on a more personal level, they are among the most difficult because we relate closely to the victims of nursing home abuse and neglect. We relate to the families who are saddened and guilt ridden by being forced into the position of confronting the abuse and neglect for the benefit of their loved one and for those who follow.

We field a lot of calls regarding nursing home abuse and neglect. So many that we know that callousness, under staffing, negligent hiring, negligent supervision, negligent retention and greed are pervasive. We can’t help all who call us. Sometimes the suspected negligence is not negligence at all. Sometimes negligence exists, but the condition of the victim was such that a bad result would have occurred anyway. Sometimes negligence exists, but the cost of proving it in court would outweigh the anticipated jury verdict. Generally, a claim or litigation is only recommended in situations where the victim of negligence winds up permanently worse off than before the negligence occurred. For instances of abuse or neglect that do not result in permanent damage we recommend vigorous prosecution in the criminal courts, if warranted, and complaints to the state’s Office of Long Term Care or other agency which regulates and investigates nursing homes.

Finally, be aware that the statute of limitation applied to nursing homes can be tricky. Short medical negligence statutes of limitation apply in some situations, while longer ordinary negligence or even contract statutes of limitation apply in others. We recommend filing a case within the shorter medical negligence statute of limitations whenever possible, but we’ll consider taking on a case, in some instances, after the medical negligence statute of limitations has expired.