Can a Nursing Home Be Held Liable for a Resident’s Declining Health?

Can a Nursing Home Be Held Liable for a Resident’s Declining Health?

Watching a loved one’s health decline in a place you trusted to care for them is deeply painful. You made the tough decision to place them in a nursing home, trusting professionals to provide the care you cannot. So when their condition worsens, it’s natural to ask: Can the facility be held responsible?

The short answer is yes: a nursing home can be held liable if its actions or failures to act contributed to a resident’s declining health. Here’s what you need to know:

• Natural decline vs. neglect: Not all health decline is preventable, but certain warning signs point to inadequate care rather than the aging process.
• Legal duty of care: Nursing homes are legally required to meet a standard of care that protects residents’ health and safety.
• Your options: There are concrete steps you can take to document negligence and hold a facility accountable.

At Roy Injury Law, attorney Chris J. Roy, Jr. has over 35 years of experience helping families put a stop to nursing home abuse and neglect. With a deep understanding of these devastating situations, he’s here to help you better understand whether the decline you’re seeing in your loved one is due to a nursing home’s negligence.

How Can I Tell if the Nursing Home Is Causing My Loved One’s Health Problems?

Some health decline is a natural part of aging. But certain changes are red flags that deserve closer attention. Signs that a facility’s negligence may be a contributing factor include:

• Sudden or unexplained weight loss, dehydration, or malnutrition
• Development of bedsores (pressure ulcers)
• Frequent infections, falls, or unexplained injuries
• Noticeable decline in personal hygiene or room cleanliness
• Sudden mood changes, such as withdrawal, fear, or agitation
• Staff who are dismissive of your concerns or unable to explain your loved one’s condition

Trust your instincts. If something feels wrong, it’s worth investigating further.

What Exactly Can a Nursing Home Be Held Accountable For?

Nursing homes carry both a legal and ethical obligation to meet a defined standard of care. When they fall short, they can be held accountable for the harm that results. Common areas of liability include:

• Failure to monitor nutrition and hydration: Staff must actively work to keep residents adequately fed and hydrated. Neglecting this basic need can leave them malnourished and cause severe health complications.
• Medication mismanagement: Administering the wrong medication, an incorrect dose, or missing doses altogether can have serious, sometimes life-threatening consequences.
• Inadequate staffing and supervision: Understaffed facilities put residents at serious risk. Without enough trained staff on hand, residents may go unmonitored for extended periods, increasing the likelihood of falls, infections, and other preventable injuries.

How Do I Prove the Nursing Home Was Negligent?

Building a strong case requires solid documentation. The goal is to show a clear gap between the care your loved one received and the care they were legally entitled to. Here’s where to start:

• Request medical records: Ask for all charts, doctors’ orders, nurses’ notes, and treatment plans. Look for inconsistencies, gaps in care, or documentation that contradicts what staff told you.
• Review care logs and care plans: Facilities must maintain a detailed care plan for each resident. Compare the documented plan with daily care logs to determine whether it was actually followed.
• Keep detailed notes: After every visit, write down the date and time, your observations of your loved one’s condition, the state of their room, and any conversations you had with staff.
• Take photos or videos: If you observe bedsores, poor hygiene, or unsafe conditions, document them visually. These records can be critical evidence.
• Consult a lawyer: If you suspect negligence, legal guidance is essential. An attorney can help you gather the right evidence, identify liable parties, and build a case that reflects the full extent of the harm done.

You Have the Right to Demand Accountability

A loved one’s health should not deteriorate because a nursing home failed to do its job. By recognizing the signs of neglect, understanding what facilities are legally responsible for, and gathering the evidence needed to prove it, you are in a far stronger position to take action.

If you believe your loved one’s declining health is the result of nursing home negligence, contact Roy Injury Law for a free consultation. Chris J. Roy, Jr. and his team will review your case, explain your options, and fight to get your family the justice and compensation you deserve.