Legal Considerations When Dealing With A Nursing Home Injury

According to statistics from the Centers for Disease Control and Prevention, from 1999 to 2001, almost a third of nursing home facilities in the United States were actually cited for violating federal standards in relation to keeping their institutions safe. These violations can cause harm, to the elderly residents of the facilities. At that time, nearly 10 percent of those institutions had something that posed risk of death or injury, or already caused the deaths of elderly individuals.

Outside those years, more than 40 percent of residents from nursing homes have actually reported some form of abuse. 90 percent of them also shared that another resident, not just them, may have been neglected as well.

While these statistics don’t necessarily imply there’s always negligence associated with nursing home injuries, they are part of the legal considerations you should consider when dealing with such.

Considerations With Nursing Home Injuries:

These statistics show that nursing home injuries can affect a lot of dimensions, not just in the lives of residents, but in the lives of the people who care for them and the institutions themselves. While this doesn’t imply that all nursing home facilities are unsafe, it does mean you should be more wary of nursing home injuries, as they may also be signs of forms of neglect and abuse. Here are legal considerations when dealing with a nursing home injury:

  • Was there negligence involved? You have to check if there was any form of negligence done on part of the employees and workers inside the nursing home. Sometimes elderly residents of the nursing home might be left to their own devices without proper supervision, and as such may experience injuries.
  • Was there any form of physical abuse involved? You also have to check if there was in any way any form of abuse that occurred inside the institution? You have to be able to determine whether staff inside the nursing home actually conducted some form of abusive move such as hitting or intentionally injuring the elderly.
  • Was there any form of emotional and sexual abuse involved? Sometimes, aside from physical abuse, you have to look for signs of emotional and/or sexual abuse. If you think your elderly loved one is adversely reacting to things that are otherwise safe, they may be reacting towards materials that have been used to harm them. You may have to check in on these things as well.

  • Was there any way to ensure that patients and residents are receiving adequate care and treatment? A lot of elderly patients and residents in the nursing homes are also sent there in order to receive adequate care that otherwise couldn’t be provided by their immediate relatives. If you have an elderly parent or relative in the home for that reason, you should check if the care they provide is up to standards, or if its substandard care. If it’s the latter, then it can be a potential lawsuit.
  • Was there negligence in terms of hiring? Do you think the nursing home has negligently hired someone who ended up intentionally harming, abusing, or neglecting a resident? This might be because of lack of adequate supervision and training on part of the institution.


Nursing home injuries can be caused by a lot of things, and if you think the injuries weren’t something the elderly or the resident has done, then you may be looking at a lawsuit. However, before being too quick on your toes, do assess the above first with a lawyer to determine the kind of actions you can take. Click here to know more.

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