What Is Nursing Home Malpractice?
Nursing home malpractice occurs when a medical professional makes a preventable error or fails to provide the accepted standard of care, resulting in harm to a resident. This can include errors in diagnosis, treatment, medication management, or failure to provide necessary care.
When nursing home residents receive substandard care from those responsible for their well-being, it can lead to serious and often life-threatening complications.
Medical malpractice in nursing homes may involve:
- A misdiagnosis or delayed diagnosis, which can occur if providers fail to order necessary tests or attribute symptoms of serious conditions like a stroke or heart attack to old age
- Delays in care, like not acting on changes in a resident’s condition or ordering a hospital transfer in a timely manner
- Failure to provide necessary care, like catheter changes, suction for residents with difficulty swallowing, or treatments for infections
- Improper use of medications for sedation (chemical restraints), rather than for legitimate medical purposes
- Medication errors, including giving someone the wrong drug, the wrong dose of a drug, or missing a dose altogether
- Not properly managing chronic conditions like diabetes, heart disease, or respiratory illness
- Poor wound care, which can lead to infections or cause bedsores to worsen
- Procedural errors, such as misplacing a feeding tube or incorrectly debriefing a wound
Physician reviewers found that an estimated 59% of adverse events in skilled nursing facilities are preventable, with much of the harm attributed to “substandard treatment, inadequate resident monitoring, and failure or delay of necessary care,” according to the U.S. Department of Health and Human Services.
If you or someone you love was injured because a provider in a nursing home failed to deliver proper medical care, our nursing home malpractice attorneys may be able to help. Let us put our decades of nursing home litigation experience to work for you.
Since 1979, our nursing home abuse lawyers have secured over $327 Million for clients nationwide.
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Can You Sue a Nursing Home for Malpractice?
Nursing homes can be held legally responsible for malpractice committed by physicians, nurses, and other providers working within their facility — especially when systemic issues like inadequate staffing contributed to the harm.
You may be able to sue a nursing home for medical malpractice if you:
- Are the resident's spouse, child, or family member
- Have legal authority or power of attorney to act on the resident's behalf
- Represent the estate of a resident who passed away
“You do not need to have proof before speaking with a nursing home lawyer. If you’re concerned that something is wrong, that’s enough to start the conversation. Experienced attorneys can investigate, gather evidence, and determine whether the facility failed in its duty.”
– Ricky LeBlanc, Nursing Home Malpractice Lawyer
There’s only a limited amount of time to file a nursing home medical malpractice claim. Laws known as statutes of limitations set deadlines that can be as short as 1 year in some states, so it’s important to contact an attorney as soon as possible.
Injuries Caused by Malpractice in Nursing Homes
Many nursing home residents are medically fragile, cognitively impaired, or physically dependent on their caretakers. When staff fail to recognize and respond to changes in their condition, even a minor lapse in care can escalate into a life-threatening complication.
Unlike many patients in a hospital, nursing home residents may spend months or years in the same facility, which can make the consequences of ongoing substandard care even more severe.
Injuries caused by malpractice in nursing homes may include:
- Advanced bedsores, including stage 3 and stage 4 pressure ulcers
- Aspiration pneumonia, which can result from failure to suction a resident with swallowing difficulties or improper positioning during feeding
- Diabetic complications, including diabetic ketoacidosis or severe hypoglycemia due to medication or monitoring errors
- Fractures and falls, which can occur when a resident is improperly transferred or when fall risk assessments are not followed
- Infections such as pneumonia and urinary tract infections
- Medication overdose or adverse drug reactions
- Sepsis
- Stroke complications, including permanent paralysis or loss of motor function, from delayed treatment
- Wrongful death
Because many nursing home residents may not be able to clearly communicate their pain, recognize when something is wrong, or advocate for themselves, the impact of medical malpractice can go undetected until serious harm has occurred.
Call (800) 995-1212 now to see if you may be able to file a nursing home malpractice lawsuit. It costs nothing to speak with us.
Nursing Home Malpractice Settlements & Verdicts
When families file a malpractice lawsuit, compensation may be awarded in the form of an out-of-court nursing home settlement or a trial verdict.
Nursing home malpractice compensation amounts may be influenced by:
- The severity of the resident's injury
- Any related medical expenses
- Proof of repeated or systemic failures, like falsified records or chronic understaffing
- The strength of evidence used to prove a nursing home’s negligence
- Whether punitive damages are available under state law
If you believe a loved one has been injured due to nursing home malpractice, compensation may be available to help with their medical bills, the cost of transferring them to a safer facility, and other expenses related to their care.
Our Nursing Home Malpractice Results
At Sokolove Law, we’ve secured more than $327 Million for families impacted by nursing home abuse and neglect, including cases involving medical malpractice.
Some of our past nursing home malpractice results include:
- $18.2 Million for a woman in Rhode Island who suffered a heart attack due to lack of care
- $2 Million to the family of a Massachusetts woman who passed away after her catheter became infected from not being changed
- $1.11 Million for a Florida resident who was hospitalized for low blood sugar and suffered a heart attack
- $1.2 Million to an Illinois nursing home resident who suffered severe bedsores and a kidney infection
- $1.37 Million for a West Virginia woman who died from MRSA after staff members failed to properly care for her surgical site
- $2 Million to a woman with dementia who passed away after being denied care
While there’s never a guarantee of compensation in any case, our nursing home malpractice lawyers will fight hard for everything you’re entitled to.
Nursing Home Malpractice Case Examples
Across the country, families have filed nursing home lawsuits after discovering that preventable medical errors caused serious and lasting harm to their loved ones.
Examples of nursing home malpractice lawsuits include:
- $30 Million for a woman whose leg had to be amputated before she passed away
- $14 Million to the family of a resident who passed away from multiple untreated conditions
- $7.6 Million for a man who wasn’t taken to the hospital for his chemotherapy treatments
- $400,000 to a resident who was given an excessive dosage of medication
- $4.85 Million for a man who passed away from an overdose
These nursing home malpractice case examples show how failures in care can cause serious injuries, why facilities can be held legally liable for those failures, and what compensation has looked like for families who chose to pursue justice.
$30 Million Tennessee Nursing Home Malpractice Verdict
In Shelby County, Tennessee, a jury awarded more than $30 Million to the family of an 82-year-old woman with dementia who died after staff at Allenbrooke Nursing and Rehabilitation Center allowed a foot wound to become severely infected.
The pressure sores on her foot, which went down to the bone, were reportedly infected with the same bacteria found in feces. Her leg had to be amputated, and she passed away at Allenbrooke soon after.
A jury found the nursing home in violation of the Tennessee Adult Protection Act, including medical malpractice and fraudulent recordkeeping related to her care.
The nursing home malpractice verdict included $28 Million in punitive damages intended to punish the nursing home and its owners.
$14 Million Nursing Home Malpractice Verdict for Untreated Conditions
In Massachusetts, a jury ordered Radius HealthCare Center in Danvers to pay $14 Million to the family of a 90-year-old woman who passed away after suffering from multiple untreated medical conditions.
The woman was initially brought to the hospital after falling out of her wheelchair. Once there, doctors discovered that she had appendicitis, a sore on her back, a UTI that had spread to her bloodstream, kidney failure, and uncontrolled diabetes. She passed away 1 month later.
The jury found Radius HealthCare to be grossly negligent and ruled in favor of the family, awarding a substantial $12.5 Million in punitive damages.
$7.6 Million Nursing Home Malpractice Verdict in California
An Alameda County, California jury awarded over $7.6 Million to the family of a 71-year-old U.S. Air Force veteran who passed away after having his rights violated more than 1,400 times at Alameda Healthcare & Wellness Center.
The jury found that staff failed to take him to the hospital for chemotherapy appointments at least 7 times, causing him to miss his treatments. He later developed a large pressure sore and died.
The facility's owner runs a chain of nursing homes and disclosed a net worth of $786 Million in financial filings, sparking renewed debate over whether nursing home funds are being diverted away from resident care.
"At least in some of these chains, the money that was meant to go for patient care is being stripped away and sent up top to the ownership."
– California Nursing Home Malpractice Lawyer
$400,000 South Carolina Nursing Home Malpractice Settlement
Life Care Center of Hilton Head, South Carolina, agreed to pay $400,000 to settle a wrongful death lawsuit filed by the wife of a 77-year-old resident.
The man was admitted to Life Care Center after developing sepsis from a UTI. During his stay, staff allegedly administered 90 milligrams of the antidepressant fluoxetine daily instead of weekly. He was transferred to a hospital 2 days before his death.
During his autopsy, it was discovered that he also had bleeding in his scalp and 5 rib fractures, sparking additional concerns of nursing home abuse.
$4.85 Million Nursing Home Overdose Verdict
A jury ordered Mercy Memorial Nursing Center to pay $4.85 Million to the family of a 57-year-old Michigan man who passed away from a morphine overdose.
The man was undergoing physical therapy for a nondisplaced hip fracture at the nursing home — but died after being given a lethal dose of morphine. A doctor and 5 nurses at the facility were found responsible for this medication error.
His family was awarded a $4.85 Million nursing home overdose verdict, which included $3 Million to his wife for loss of companionship and $1.5 Million for his pain and suffering.
If you suspect a loved one was harmed by a medical mistake in a nursing home, it’s important to seek help right away. Our nursing home malpractice lawyers may be able to help you pursue justice and hold the facility accountable.
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We are compassionate with those who turn to us — and relentless with those who’ve done them wrong. Let us fight for your family.
How to File a Nursing Home Malpractice Lawsuit
Filing a lawsuit for nursing home malpractice can allow families to seek justice and compensation for the harm their loved one suffered at the hands of those entrusted with their care.
At Sokolove Law, we can handle all of the legal legwork for you, so you can focus on your family and your loved one’s well-being.
Our nursing home malpractice lawyers can:
- Provide a free case review to determine your eligibility to file a claim
- Gather evidence to build a strong case, including medical records, facility care logs, incident reports, and testimony from experts
- File a nursing home malpractice lawsuit against the defendant(s) before any deadlines
- Negotiate a nursing home settlement, which may allow you to receive compensation without going to court
- Represent you at trial and seek compensation from a verdict if a settlement is unable to be reached
You are not alone. Our team is here to guide you through every step of the process, answer your questions, and help you understand all of the options available to you.
Choosing the Right Nursing Home Malpractice Law Firm
Nursing home malpractice cases often involve complex medical records, clinical decision-making, and large corporate operators. Having an experienced law firm on your side can make a meaningful difference in uncovering what went wrong and securing justice.
At Sokolove Law, we have a long history of holding nursing homes and their corporate owners accountable for medical malpractice and failures in care.
Find out what sets our nursing home malpractice law firm apart:
- Decades of Experience: We’ve spent over 45 years fighting for residents harmed by nursing home abuse, neglect, and malpractice.
- No Financial Risk: There are no upfront costs or hourly fees to work with our nursing home malpractice lawyers. You pay nothing unless we recover compensation for your family.
- Medical and Legal Resources: Nursing home malpractice cases require expert witnesses, medical records review, and detailed knowledge of long-term care regulations — and we have the resources to handle every part of the process.
- Nationwide Representation: With access to key resources and attorneys nationwide, our team can help families in all 50 states seek justice.
- Track Record of Success: We’ve secured more than $327 Million total for nursing home residents and their families.
When medical providers in a nursing home fail to properly diagnose, monitor, or treat a resident, the consequences can be life-threatening — but you don’t have to file a nursing home complaint or navigate the legal system on your own.
By working with an experienced nursing home malpractice law firm, you may be able to secure compensation for your family and push the long-term care industry toward safer practices that benefit every resident.
How to Find Nursing Home Malpractice Lawyers Near Me
While a nearby nursing home attorney may feel like the simplest option, many families benefit from working with a nursing home malpractice lawyer who works at a national firm like Sokolove Law.
National firms typically have access to a wider network of medical experts, more experience with multistate corporate defendants, and the resources to take cases all the way to trial when that's what justice requires.
Our nursing home malpractice lawyers have the experience and resources to stand up to large nursing home corporations across the country, expose patterns of negligence, and hold facilities accountable — all while providing you with the personal attention and respect you deserve.
"I called them to get advice on my aunt who is being neglected in a nursing home. Teresa called me right away, she was very professional, kind, caring, compassionate and was able to relate to my situation. I am very grateful."
– Nicohl, Sokolove Law Client
Get Help from Our Nursing Home Malpractice Attorneys
When a licensed provider's failure causes serious harm, families are often left with profound grief, overwhelming medical bills, and unanswered questions.
At Sokolove Law, our nursing home malpractice attorneys are here to help fight for the justice your family deserves.
- Can help families in all 50 states
- Has over 45 years of experience holding negligent facilities and providers accountable
- Never charges any upfront costs or hourly fees
We've recovered over $327 Million total for those impacted by neglect and abuse in nursing homes.
Call (800) 995-1212 now or fill out our contact form to get started with a free case review. It costs nothing to speak with us.
Nursing Home Malpractice Attorney FAQs
What is nursing home malpractice?
Nursing home malpractice occurs when a licensed medical provider, like a doctor or nurse, fails to provide appropriate care to a resident, resulting in injury or death.
Malpractice in nursing homes may involve a misdiagnosis, a delayed diagnosis, medication errors, failure to treat infections, improper wound care, and more.
Contact Sokolove Law now to find out if you may be eligible for compensation from a nursing home malpractice lawsuit.
Is medical malpractice nursing home negligence?
Yes, medical malpractice is often a form of nursing home negligence. It occurs when staff or medical professionals don’t meet the proper standard of care, and a resident is hurt or killed as a result. Examples include failure to properly monitor a resident’s condition, which then worsens, and medication errors that cause harm.
Can I sue a nursing home for malpractice?
Yes. Families may be able to sue a nursing home for malpractice when a resident is harmed due to medical negligence or substandard care by providers.
You may be able to file a nursing home malpractice lawsuit if you are the resident's spouse, child, family member, power of attorney, or estate representative of a resident who has passed away.
What kinds of cases qualify as nursing home malpractice?
Nursing home malpractice cases may involve errors in diagnosis, delayed or improper treatment, medication mistakes, or failures to properly monitor a resident’s condition, resulting in harm or injury to the resident.
These cases may include situations like:
- Delayed medical treatment, including failure to transfer a resident to a hospital in time
- Errors in post-hospital or post-surgical care, such as failure to follow physician orders or treatment plans
- Failure to properly manage chronic conditions, including diabetes, heart disease, or respiratory illness
- Improper treatment of infections, resulting in preventable complications like sepsis
- Medication errors, such as prescribing the wrong drug, incorrect dosage, or failure to monitor for side effects
- Misdiagnosis or delayed diagnosis of serious conditions, including infections, stroke, or heart attack
- Not monitoring a resident’s condition, leading to undetected deterioration or medical complications
Call (800) 995-1212 now if you or a loved one may have experienced malpractice in a nursing home. It costs nothing to speak with us and learn more about your legal options.
What is the average nursing home malpractice compensation amount?
Nursing home malpractice compensation amounts vary depending on the severity of the injury, the level of medical negligence involved, and whether the case settles or goes to trial.
Some of our past nursing home settlements and verdicts include:
- $18.2 Million for an elderly woman in Rhode Island who suffered a heart attack
- $2 Million to a California woman with dementia who passed away after being denied care
- $500,000 for a New York patient with diabetes
- $1.5 Million to a Minnesota woman with stage 4 bedsores
- $1.11 Million for a Florida woman who suffered a heart attack in care
If you have a case, our nursing home malpractice lawyers can pursue the most compensation possible on your behalf. See if you qualify now.
How much does it cost to hire a nursing home malpractice lawyer?
At Sokolove Law, there are no upfront costs or hourly fees to work with our nursing home malpractice lawyers. We operate on a contingency-fee basis, which means you pay nothing unless we secure compensation for your family.
What evidence is needed for a nursing home malpractice case?
Evidence in a nursing home malpractice case may include medical records, nursing notes, medication administration records, incident reports, care plans, staffing records, photos of injuries, and witness statements.
Expert testimony from a qualified medical professional is also typically required to establish that the standard of care was breached. But don't worry — your attorney will help you gather whatever's needed for your case.
What should I do if I suspect nursing home malpractice?
If you suspect nursing home malpractice, the most important step is to ensure your loved one receives prompt medical attention. Their safety and immediate medical needs should come first.
If possible, document any signs of injury or changes in condition, request a copy of their medical records and care chart, and write down the names of staff members or providers involved in their care.
You can also report the facility to your state's Department of Health and contact a nursing home malpractice lawyer to discuss your legal options.
