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Navigating Nursing Home Lawsuits: What Families Need to Know

Navigating Nursing Home Lawsuits: What Families Need to Know


Nursing homes are entrusted with the care of elderly individuals. They provide vital services to families and the community. Anyone who places their loved one in a nursing home has the reasonable expectation of receiving a high standard of care. The nursing home is responsible for ensuring the residents’ safety, dignity, and well-being—especially when considering their extravagant costs.

However, there are instances when this trust is breached due to negligence or outright abuse. Nursing home abuse can lead to severe consequences for elderly residents and their families. Understanding the signs of abuse and knowing the legal steps are crucial. This guide is designed to equip families with essential information to navigate nursing home lawsuits, ensuring justice is served, and their loved ones are protected.

Identifying Nursing Home Abuse and Negligence

Nursing home abuse manifests in various forms, including physical, sexual, emotional, and financial abuse. Negligence, conversely, is characterized by a failure to provide the necessary care and attention that the residents require. These can result in visible signs such as physical injuries, bedsores, malnutrition, dehydration, and changes in behavior. Unexplained financial losses could also be an indication of financial exploitation.

If there is any suspicion of abuse or neglect, take immediate action. Reporting the issue to the nursing home administration is a necessary first step. This should be followed by contacting your state’s adult protective services agency. Keeping a detailed record of all incidents, injuries, and other relevant information is crucial. You can deliver these to your attorney, who will likely use this valuable evidence to pursue legal action. 

Nursing home residents have numerous rights protected by federal and state laws to ensure their well-being, dignity, and proper care. Here are some of the fundamental rights:

  • Right to Be Informed
  • Right to Participate in Their Care
  • Right to Dignity and Respect
  • Right to Privacy
  • Right to be Free from Abuse and Neglect
  • Right to be Free from Restraints
  • Right to Communicate Freely
  • Right to Visitations
  • Right to Participate in Social and Community Activities
  • Right to Manage Personal Finances
  • Right to Choose a Personal Physician
  • Right to Be Free from Discrimination
  • Right to Voice Grievances
  • Right to Form and Participate in Resident Councils
  • Right to Privacy of Records
  • Right to a Safe and Clean Living Environment
  • Right to be Fully Informed of their Medical Condition
  • Right to Refuse Treatment
  • Right to Retain and Use Personal Possessions
  • Right to Transfer and Discharge

Pursuing Legal Action 

Filing a lawsuit against a nursing home includes several key steps. The first and foremost is consulting with an experienced attorney in nursing home abuse. These professionals can evaluate your case, advise on the validity of your claim, and guide you through legal proceedings. Collecting substantial evidence is crucial and could include medical records, nursing home records, witness statements, and expert testimonies.

Silberstein, Awad & Miklos stands out for its unwavering commitment to justice and aggressive approach to handling nursing home abuse cases. The firm has a history of taking on challenging cases, demonstrating resilience by pushing through obstacles until justice is achieved. With extensive experience and a genuine passion for helping people, Silberstein, Awad & Miklos are prepared to guide families through nursing home lawsuits, ensuring that victims receive the justice, support, and compensation they deserve.

Meet with Our Attorneys 

If your loved one has suffered from nursing home abuse or negligence, time is of the essence. Reach out to Silberstein, Awad & Miklos today for a free consultation. Our relentless dedication and extensive experience allow us to review your case, discuss your legal options, and fight tirelessly for your rights. We are committed to holding nursing homes accountable and ensuring your family receives the justice and compensation you deserve. Don’t remain silent; contact us today, and let us be your voice in the fight against nursing home abuse and negligence.