Senior & Elder Nursing Home Abuse Lawyers

Every case is different, but there are several factors that we consider to see if you might have a nursing home abuse case.

1. There Were Damages

To have a valid claim, you must show that the abuse or neglect resulted in damages. These can take various forms, such as:

• Medical Expenses: Costs related to treating injuries or illnesses caused by abuse, such as hospital stays, surgeries, or medications.
• Pain and Suffering: Emotional and physical distress endured by the resident due to the abuse.
• Loss of Quality of Life: Diminished enjoyment of life, independence, or mobility caused by neglect or mistreatment.
• Wrongful Death Damages: If the resident passed away due to abuse or neglect, surviving family members could seek compensation for funeral costs, loss of companionship, and more.

Without tangible damages, pursuing a legal claim may be challenging, as courts require evidence that the abuse or neglect caused harm.

2. Someone Else Was at Fault

A key element of any abuse claim is proving that another party—typically the nursing home or its staff—was responsible for the harm. Common examples of negligence include:

• Failure to Provide Adequate Care: Instances of malnutrition, dehydration, untreated bedsores, or falls due to lack of supervision.
• Neglect of Medical Needs or Hygiene: Failing to administer medications, ignoring residents’ personal hygiene, or allowing unsanitary living conditions.
• Physical, Emotional, or Financial Abuse: This can involve actions by staff, such as physical violence, verbal threats, or theft, as well as abuse by other residents due to lack of supervision.
• Violations of Regulations: Nursing homes must adhere to state and federal laws designed to protect residents, such as the Nursing Home Reform Act, which mandates specific care standards. Breaching these regulations can establish fault.

3. Causation

To succeed in a nursing home abuse claim, you must connect the facility’s actions—or lack of actions—to the damages. This means demonstrating that the abuse or neglect directly caused the harm. For example:

• If a resident develops severe bedsores, you would need to show that the nursing home failed to reposition the resident or conduct regular skin checks.
• If malnutrition led to a resident’s health decline, you would need evidence that staff failed to provide adequate meals or monitor their dietary needs.

Without causation, it becomes difficult to hold the nursing home accountable for the damages.

4. There’s Enough Insurance Coverage

Nursing home abuse claims are often pursued against the facility’s liability insurance. Many nursing homes are legally required to carry insurance to cover instances of neglect or abuse, but proving responsibility might involve showing that:

• The Nursing Home Was Understaffed: Chronic understaffing can lead to neglect due to inadequate supervision and care.
• Staff Were Improperly Trained: Employees who lack proper training may mishandle residents or fail to recognize signs of distress.
• The Facility Violated Regulations: Evidence of noncompliance with state or federal standards can strengthen your claim.

Additionally, an attorney can investigate whether the nursing home has sufficient insurance to cover your claim, ensuring that you can recover fair compensation.

If you suspect your loved one has been abused or neglected in a nursing home, consulting an experienced nursing home abuse attorney at Morgan & Morgan can help to evaluate your claim. Our team can review medical records, interview witnesses, and gather evidence to build a strong case, ensuring you receive the justice and compensation you deserve.

Detecting elder abuse can be challenging, particularly if victims are unable or unwilling to communicate their experiences. Here are some common warning signs:

• Unexplained physical injuries such as bruises, cuts, or fractures
• Sudden changes in behavior like withdrawal, anxiety, or depression
• Poor personal hygiene or signs of malnutrition or dehydration
• Unusual financial transactions or missing possessions
• Signs of restraint like bruises around wrists or ankles

If you observe any of these signs in a loved one, investigate further and consider seeking legal help. You can contact Morgan & Morgan 24/7 to explore your options for free.

If you suspect elder abuse, you should take immediate action to protect your loved one and preserve evidence. Take photos, gather medical records, and keep detailed notes on any signs or incidents of abuse.

When you have collected all relevant evidence, file a complaint with the facility's management or contact your local Adult Protective Services (APS).

In the meantime, you should also seek medical attention for your loved one. Ensure that they get any necessary treatment for physical or emotional injuries. 

At any stage of this process, you can contact Morgan & Morgan. One of our elder abuse attorneys can assess the situation, advise you on the best course of action, and help protect your loved one’s rights.

An experienced nursing home and elder abuse attorney can manage all aspects of your case, including:

• Investigating Claims: Conducting a thorough investigation of the abuse and gathering evidence.
• Building a Strong Case: Utilizing expert witnesses, medical records, and facility records to support your claim.
• Negotiating Settlements: Working with the facility’s insurance or legal team to secure fair compensation.
• Representing Families in Court: If a fair settlement cannot be reached, your attorney will represent you in court to fight for justice.

Elder abuse is a serious issue that demands a strong legal response. For families facing this difficult situation, a personal injury attorney can be an invaluable advocate. If you believe your loved one has suffered abuse in a nursing home or assisted living facility, reaching out to an experienced attorney is the first step toward justice. With professional legal guidance, you can hold wrongdoers accountable and secure the compensation your loved one deserves.

Morgan & Morgan’s nursing home lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Victims of elder abuse and their families may pursue several types of legal actions to hold responsible parties accountable:

Civil Lawsuits

Civil lawsuits allow victims or their families to seek compensation for damages, including medical expenses, pain and suffering, and other losses. An experienced attorney will guide families through the litigation process and fight to secure a fair settlement or verdict.

Criminal Charges

In severe cases of abuse, such as sexual or physical assault, law enforcement may file criminal charges against the perpetrator. While the family may not be able to directly initiate criminal proceedings, they can work alongside authorities and provide critical evidence.

Administrative Complaints

Families can also file complaints with state agencies overseeing nursing homes and assisted living facilities. This step may result in an investigation and potential penalties for the facility.

Elder abuse cases require specific expertise that general personal injury attorneys may not possess. Attorneys specializing in elder abuse bring a unique set of skills and knowledge.

• Understanding of Elder Law and Care Standards: Experienced elder abuse attorneys have in-depth knowledge of elder law, including specific regulations and standards that nursing homes and assisted living facilities must follow.
• Access to Expert Witnesses: These attorneys often work with medical experts, forensic accountants, and mental health professionals who can strengthen the case with credible testimony.

Experience with Complex Evidence Collection: Elder abuse cases may rely on diverse forms of evidence, such as medical records, financial documents, and witness statements, all of which require skilled collection and analysis.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including nursing home abuse lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

Personal injury attorneys specializing in elder abuse cases focus on various forms of abuse, each with unique consequences and legal considerations. Here are the most common types of elder abuse that attorneys address:

Physical Abuse

Physical abuse in nursing homes or assisted living facilities can involve hitting, pushing, restraining, or other harmful physical actions. These incidents may leave visible injuries, like bruises or fractures, and often indicate deeper, systemic issues within the facility.

Emotional or Psychological Abuse

Emotional abuse includes verbal threats, intimidation, isolation, or humiliation. Victims may experience anxiety, depression, or a noticeable decline in emotional well-being. Although emotional abuse may be harder to detect than physical abuse, it is just as damaging.

Sexual Abuse

Sexual abuse in elder care settings is a horrific violation that may involve unwanted touching, coercion, or even assault. Elderly individuals with cognitive impairments or physical disabilities are particularly vulnerable to this form of abuse.

Financial Abuse and Exploitation

Financial exploitation involves unauthorized access to an elder’s assets, funds, or property. It may include theft, manipulation to gain control of finances, or pressuring the elder to sign financial documents. Financial abuse is especially common for residents with diminished cognitive abilities.

Neglect and Abandonment

Neglect occurs when caregivers fail to meet the basic needs of their residents, leading to inadequate food, hydration, medical care, or hygiene. In extreme cases, neglect can lead to severe health issues or even death. This form of abuse often results from understaffed or poorly managed facilities.

Selecting an experienced elder abuse lawyer can make a significant difference in the outcome of an abuse case. Here are key factors to consider when choosing the right attorney for your loved one’s case:

• Experience in Elder Abuse Cases: Look for attorneys who have a strong track record in handling elder abuse cases, including cases involving nursing homes or assisted living facilities. Their familiarity with the complexities of these cases and relevant laws will be invaluable. Morgan & Morgan has been fighting For the People for over 35 years and has both the experience and reputation for getting the maximum compensation possible.
• Success Rate and Reputation: Consider the lawyer’s history of successful cases and settlements. Client testimonials, peer reviews, and any awards or recognitions can also provide insights into their reputation.
• Communication Style and Compassion: Choose an attorney who is approachable, compassionate, and responsive. Elder abuse cases can be emotionally challenging, so it’s essential to work with someone who listens carefully, keeps you informed, and addresses any concerns.
• Availability and Resources: Complex abuse cases often require a significant commitment of time and resources. Ensure the attorney has the bandwidth and resources, such as access to medical experts or investigators, to thoroughly handle the case. As the country’s largest personal injury law firm, Morgan & Morgan has significant resources to get the job done.
• Fee Structure: Many personal injury attorneys work on a contingency basis, meaning they only get paid if you win your case. Make sure you understand the fee structure and any potential out-of-pocket expenses. At Morgan & Morgan, our Fee Is Free™, and you only pay if we win your case.

A good attorney will be dedicated to protecting your loved one’s rights and providing support through the legal process.

Nursing home residents have specific legal rights designed to protect them from abuse, neglect, and exploitation. These rights are outlined in federal and state laws, ensuring that residents receive respectful, adequate care and that their safety and dignity are upheld. The Nursing Home Reform Act of 1987 is one of the foundational pieces of federal legislation providing a framework for resident protections in nursing homes receiving Medicare or Medicaid funding. Key rights include:

• Right to a Safe Environment: Nursing homes must create and maintain a safe environment, free from abuse and neglect. This includes safeguarding residents from physical, emotional, and financial abuse.
• Right to Medical Care: Residents have the right to be involved in their own care plans and to receive adequate medical care, nutrition, and personal hygiene assistance.
• Right to Privacy and Dignity: Residents should be treated with respect, have their personal privacy respected, and have the freedom to make choices regarding their care and lifestyle.
• Right to Report Abuse without Retaliation: Nursing home residents can report abuse or neglect without fear of retaliation. Facilities are required to have a system in place for handling complaints and ensuring residents' concerns are addressed.

Individual states may also have laws providing additional protections. Families concerned about potential abuse should familiarize themselves with these laws, as understanding a resident’s rights is a crucial first step in recognizing and preventing abuse.

Nursing Home Abuse attorneys seek compensation for a variety of damages in elder abuse cases. Here’s what these damages may cover:

• Economic Damages: Medical bills, therapy costs, relocation expenses, and any financial losses stemming from the abuse.
• Non-Economic Damages: Pain and suffering, emotional distress, and loss of companionship.

Punitive Damages: In cases of particularly egregious or intentional harm, punitive damages may be awarded to punish the responsible party and deter future abuse.

The time it takes to resolve an elder abuse lawsuit varies, depending on factors like the complexity of the case, the willingness of both parties to negotiate, and court schedules. While some cases may settle in a matter of months, others can take a year or more to resolve. An experienced attorney can give you a better estimate based on the specifics of your case and discuss options to streamline the process.

Yes, there is a statute of limitations for filing elder abuse cases, which varies by state. Generally, the timeframe for initiating a lawsuit ranges from one to three years from the date of the abuse or discovery of the abuse. Because deadlines are strict, it’s critical to consult an attorney as soon as possible to ensure your rights are protected and you don’t lose the opportunity to pursue justice.

When you work with Morgan & Morgan, attorney-client privilege protects all communication between you and your attorney, ensuring confidentiality. This means you can discuss all aspects of your case freely, and your attorney cannot disclose information without your consent. Attorney-client privilege allows families to communicate openly and securely with their legal team, which is essential for building a strong case and protecting sensitive details surrounding elder abuse.

Proving that neglect or abuse led to a health decline can be challenging, especially when age-related conditions are present. An attorney may use medical records, testimony from healthcare providers, and expert witnesses to establish a direct link between the nursing home’s negligence and the deterioration in health. They may also gather eyewitness testimony and documentation of the care environment to support your claim.

Yes, many elder abuse cases are settled out of court through negotiation or mediation. Out-of-court settlements can be beneficial by reducing legal expenses, shortening the resolution time, and sparing families from lengthy court proceedings. Your attorney will discuss whether a settlement is in your best interest and will negotiate on your behalf to secure a fair outcome.

Yes, you can file a lawsuit against a nursing home on behalf of a non-verbal or cognitively impaired loved one, such as someone with dementia. Nursing homes are legally obligated to provide adequate care and protect all residents, regardless of their ability to communicate. 

Morgan & Morgan’s elder abuse attorneys are experienced in nursing home abuse cases and know how to build a strong case by relying on objective evidence and expert insights, even when the victim cannot testify. Legal representation ensures the victim’s rights are protected and justice is pursued, regardless of their communication or cognitive abilities.

Absolutely. Elder abuse includes not only physical harm but also emotional, psychological, and financial abuse, as well as neglect. If your loved one is experiencing emotional manipulation, financial exploitation, or neglect that impacts their health and well-being, you may still have a valid case. Elder abuse attorneys can help assess the circumstances and gather evidence to build a strong case, even if physical harm is not involved.

Yes, you may be able to sue a nursing home if your loved one develops bedsores due to neglect. Bedsores, or pressure ulcers, often result from prolonged immobility without adequate repositioning, which is a common indicator of neglect in care settings. If the nursing home failed to provide necessary care, monitor their condition, or uphold basic hygiene standards, an elder abuse attorney can help assess if you have grounds for a negligence lawsuit.

Retaliation against a resident for filing a complaint or lawsuit is illegal and a serious violation of both state and federal laws. If you suspect retaliation, such as mistreatment, neglect, or threats against your loved one after a complaint is made, here’s what you can do:

• Document Everything: Keep detailed records of any suspicious actions, including dates, times, and descriptions of incidents. Take photos, collect medical records, and gather statements from witnesses.
• Report Retaliation Immediately: File a report with your state’s nursing home regulatory agency. You can also contact the local ombudsman for long-term care facilities to investigate retaliation claims.
• Notify Your Attorney: Inform your lawyer of the retaliation so they can take legal action to protect your loved one. This may include filing for an injunction to prevent further retaliation or amending your lawsuit to include retaliation claims.
• Consider Relocation: If the safety of your loved one is at risk, work with your attorney to explore options for moving them to another facility.

Retaliation often strengthens a case against the nursing home, as it demonstrates a pattern of behavior that further supports claims of negligence or abuse. Morgan & Morgan’s skilled attorneys can help ensure your loved one is protected and hold the nursing home accountable for any retaliatory actions.

Elder abuse cases present unique challenges, as many involve vulnerable victims who may have cognitive or physical limitations. Skilled attorneys employ specialized strategies to address these issues:

• Difficulty in Gathering Evidence: Physical evidence of abuse or neglect can sometimes be subtle, and victims may struggle to communicate their experiences due to cognitive impairments. Attorneys work closely with healthcare professionals to document injuries and secure relevant medical records. They may also obtain testimony from staff members, other residents, and family members to build a strong case.
• Underreporting and Retaliation Concerns: Many elder abuse cases go unreported due to fear of retaliation or feelings of shame. Attorneys work to create a safe environment for the victim and their family, assuring them that reporting abuse is protected by law. They can also assist in relocating the resident to another facility if necessary.
• Lack of Witnesses: Abuse often occurs behind closed doors, limiting the availability of direct witnesses. Attorneys often employ surveillance footage, facility records, and expert testimony to establish patterns of behavior or negligence.
• Facility Defenses and Legal Pushback: Nursing homes and care facilities may defend themselves by claiming injuries were the result of preexisting conditions or natural aging. Experienced attorneys work with medical experts who can differentiate between age-related issues and signs of abuse or neglect.
• Emotional Impact on the Victim and Family: Elder abuse cases are emotionally taxing, especially for the victim and their loved ones. Compassionate attorneys provide emotional support, maintaining open communication and ensuring the family understands each step of the legal process.

Nursing homes are legally obligated to provide a safe, supportive environment for their residents and to take proactive measures to prevent abuse, neglect, and exploitation. 

Adherence to the Nursing Home Reform Act (NHRA)

The NHRA, part of the federal Omnibus Budget Reconciliation Act of 1987 (OBRA), mandates that all nursing homes receiving Medicare or Medicaid funding must:

• Ensure residents' physical, emotional, and mental well-being.
• Provide care that meets professional standards.
• Protect residents from abuse, neglect, and mistreatment.

Conducting Background Checks on Staff

Nursing homes are required to screen potential employees to ensure they do not have histories of abuse, neglect, or exploitation.

Staff Training

Facilities must train staff members to recognize and prevent abuse, as well as handle residents with physical or cognitive impairments.

Creating and Enforcing Policies to Prevent Abuse

Nursing homes must implement clear policies to prevent abuse, including monitoring staff behavior, providing adequate staffing levels, and ensuring proper supervision.

Reporting Abuse

Under federal and state laws, nursing home staff are mandatory reporters, meaning they must report any suspected abuse or neglect to regulatory agencies or law enforcement. Failure to report abuse is a legal violation.

Monitoring and Investigating Complaints

Facilities must promptly investigate all complaints or incidents involving potential abuse, take corrective action, and notify relevant authorities and the victim’s family.

Maintaining Adequate Staffing Levels

Low staffing ratios are a common cause of neglect. Nursing homes are required to maintain sufficient staffing to meet residents' needs effectively.

Safeguarding Residents' Rights

Under the NHRA, residents have specific rights, including the right to:

• Dignity, respect, and freedom from abuse or neglect.
• Privacy in medical treatment and personal communications.
• Access to their medical records.
• Participate in their care plan.

When a nursing home fails in these responsibilities, it can be held legally liable for any harm that occurs as a result. Families can work with the experienced elder abuse attorneys at Morgan & Morgan to hold negligent facilities accountable and seek justice for their loved ones.