When families place a loved one in a nursing home, they trust that facility to provide safe, compassionate, and professional care. Unfortunately, that trust is sometimes broken. Nursing home neglect—whether due to understaffing, inadequate training, or systemic failures—can result in serious harm to vulnerable residents.
If you suspect that your loved one has been neglected in a nursing home, it’s important to understand what legal steps are available to protect them and hold the facility accountable.
At Your Insurance Attorney, we help families navigate these difficult situations across Florida, Georgia, Colorado, North Carolina, and California. We are experienced advocates for those harmed by institutional neglect, and we offer free consultations to help you decide what to do next.
Here’s how to move forward when nursing home neglect is suspected.
What Is Nursing Home Neglect?
Nursing home neglect occurs when a facility fails to provide adequate care, resulting in physical or emotional harm to a resident. Unlike abuse, which involves intentional harm, neglect is often the result of oversight, negligence, or failure to meet a basic standard of care.
Here are some common forms of nursing home neglect:
- Medical neglect: Failing to administer medications, ignoring symptoms, or delaying necessary care.
- Personal hygiene neglect: Failing to help residents bathe, change clothes, or manage incontinence.
- Nutritional neglect: Not providing adequate food or water, leading to dehydration or malnutrition.
- Emotional neglect: Isolating residents or ignoring their emotional needs.
- Safety neglect: Leaving fall risks unaddressed or failing to supervise wandering residents.
Recognizing the signs is the first step in determining whether legal action is appropriate.
Signs That May Indicate Neglect
Not all warning signs of neglect are obvious. Some can appear subtle or be dismissed as symptoms of aging. Here’s what to look out for:
- Sudden weight loss or dehydration
- Unexplained bruises, cuts, or pressure sores
- Poor personal hygiene
- Withdrawal, depression, or sudden changes in mood
- Frequent infections or hospitalizations
- Unsanitary living conditions
- Complaints of being ignored or mistreated
- Lack of medical aids like glasses, hearing aids, or walkers
If you see these signs, it’s important to act quickly to prevent further harm.
Step 1: Remove the Resident from Harm (If Necessary)
If the situation is urgent or your loved one is in immediate danger, consider removing them from the facility. In cases of serious neglect or medical emergencies, transfer to a hospital or safer care environment should come first.
You are not required to notify the facility before doing this, especially if you believe they may try to delay or interfere. Medical professionals can document the injuries and provide a formal record of the condition your loved one was in upon arrival.
Document everything you observe and collect any physical evidence. Photos of living conditions, injuries, and medical records can play an important role in any future legal action.
Step 2: Report the Neglect to State Authorities
In all five states served by Your Insurance Attorney, nursing home residents have legal protections under both federal and state law. Reporting the neglect triggers investigations that may uncover systemic issues or lead to sanctions against the facility.
Here’s how to report suspected neglect based on location:
- Florida: Contact the Florida Department of Children and Families (DCF) Adult Protective Services or call the Florida Long-Term Care Ombudsman Program.
- Georgia: Contact the Georgia Department of Human Services’ Division of Aging Services.
- Colorado: Call the Colorado Adult Protective Services or the State Long-Term Care Ombudsman.
- North Carolina: Reach out to the Division of Health Service Regulation.
- California: File a complaint with the California Department of Public Health.
Reporting is confidential, and you do not need to have conclusive proof to begin an investigation. You can remain anonymous if you choose.
Step 3: Request and Review Medical Records
Medical records are often central to a nursing home neglect case. They can reveal patterns of missed medications, untreated injuries, or contradictory staff notes.
Facilities are required by law to provide these records upon request to the resident or their legal representative. If the nursing home delays or refuses, this may signal a deeper issue.
When reviewing medical records, pay attention to:
- Gaps in treatment history
- Inconsistencies in staff notes
- Notations of falls or injuries
- Changes in medication without explanation
Keep a timeline of symptoms, incidents, and treatment. This can help your legal team connect the dots and identify negligence.
Step 4: Consult with an Experienced Nursing Home Neglect Lawyer
Taking legal action against a nursing home is not a small step. It involves complex laws, insurance disputes, and a fight against well-defended institutions. That’s why it’s important to have a legal advocate who understands how to approach these cases—especially when institutional liability is involved.
At Your Insurance Attorney, we offer free consultations to help families evaluate their situation and decide on next steps. Our firm has experience helping clients in Florida, Georgia, Colorado, North Carolina, and California take legal action when nursing homes fail in their duty of care.
We investigate not just the incident itself, but also the facility’s hiring practices, staff-to-resident ratios, and past violations. Our focus is on holding institutions accountable, because they often have the resources to provide proper care—and fail to do so.
Step 5: Understand the Role of Institutional Liability
One of the most important aspects of any nursing home neglect case is determining liability. In many situations, pursuing individual staff members is not enough. Most meaningful recovery comes from holding the institution accountable.
Institutions may be legally liable for:
- Understaffing that leads to neglect
- Failing to supervise or train employees
- Ignoring safety protocols
- Failing to report prior abuse or neglect
- Creating an unsafe or unsanitary environment
Institutional liability is about exposing patterns, not just one incident. If your loved one was harmed, there’s a strong chance others were, too.
Step 6: Consider a Civil Lawsuit for Damages
If evidence supports your claim, your legal team may recommend filing a civil lawsuit against the nursing home. While every case is different, civil claims can help families recover compensation for:
- Medical expenses
- Pain and suffering
- Emotional distress
- Relocation costs
- Loss of quality of life
While financial compensation can’t undo what happened, it can help support recovery and protect your loved one’s future.
Civil lawsuits can also pressure institutions to make real changes, improving conditions for other residents.
Step 7: Prepare for a Long Legal Process
It’s important to understand that nursing home neglect cases take time. Facilities may deny wrongdoing, delay proceedings, or attempt to shift blame. Your legal team may need to gather evidence, interview former employees, and consult medical professionals.
Timelines vary based on the state, the complexity of the case, and whether a settlement is reached or the case proceeds to trial. Throughout the process, your legal team should keep you informed and involved in key decisions.
Patience is key, but so is persistence. Many nursing homes count on families giving up or feeling too overwhelmed to fight.
Common Obstacles in Nursing Home Neglect Cases
Here’s how challenges often show up—and how we help clients navigate them:
- Missing documentation: Facilities may “lose” or alter records. A legal team can subpoena backups and digital files.
- Uncooperative witnesses: Staff may be afraid to speak out. Attorneys may identify former employees willing to testify.
- Corporate structures: Some nursing homes are owned by larger companies that shield themselves from liability. We know how to follow the corporate trail.
- Insurance denials: Insurers may deny responsibility or offer token settlements. We prepare every case as if it will go to trial.
No case is perfect, but experience and preparation can make a significant difference.
How the Nursing Home or Insurance Company Might Respond
When a claim is filed, the facility and its insurance carrier will typically launch a defense aimed at minimizing liability. Here’s how they may respond:
- Deny wrongdoing entirely, claiming the care met industry standards
- Blame the resident’s condition, such as age-related illness or cognitive decline
- Argue contributory negligence, suggesting family members were responsible
- Dispute the severity of harm, downplaying injuries or emotional trauma
- Request medical exams, seeking to discredit the resident’s account
- Propose a fast, lowball settlement, hoping to resolve the case quietly
- Delay proceedings intentionally, using procedural tactics to exhaust the claimant
Expect the defense to come prepared and aggressive, especially when the claim targets institutional liability.
Understanding the Role of Insurance in These Cases
Insurance plays a major role in how nursing home neglect claims are resolved. Most facilities carry liability coverage, and the insurer’s goal is to limit payouts. Here’s how insurance impacts your case:
- Insurance adjusters investigate the claim quickly, often seeking early resolution
- Insurers may request recorded statements that can be used to undermine your claim
- Policy limits may cap recovery, especially in smaller or rural facilities
- Coverage disputes may arise, especially if the facility is accused of gross negligence
- Bad faith insurance tactics can include denial without proper investigation
- Legal teams must often negotiate directly with insurers, not just the facility
An experienced legal team understands how to manage these insurer interactions without compromising your rights.
Arbitration Agreements and How They Affect Your Case
Many nursing homes include arbitration clauses in their admissions paperwork. These can impact your legal options, but they don’t always prevent you from seeking justice. Here’s what to know:
- Arbitration may be required, meaning you cannot go straight to court
- Some clauses are unenforceable, especially if signed under duress or without explanation
- Arbitration limits discovery, which can make proving neglect more difficult
- Awards in arbitration are often lower than jury verdicts in similar cases
- You can still have legal representation during arbitration proceedings
- Your attorney may challenge the clause, depending on state law and circumstances
Always review signed documents carefully with a legal professional before assuming your options are limited.
What If the Neglect Resulted in Death?
When neglect leads to the death of a resident, surviving family members may have the right to file a wrongful death claim. Here’s what that involves:
- Wrongful death laws vary by state, including who can file and what damages are allowed
- Claims may include funeral costs, medical bills, and loss of companionship
- A separate estate may need to be opened in probate court before filing
- Statutes of limitations differ, but wrongful death cases often have shorter filing windows
- Proving causation is key, especially if the resident had preexisting conditions
- Institutions may fight harder in wrongful death cases due to higher financial exposure
If you believe your loved one passed away due to neglect, don’t wait to explore your legal rights. Swift action may preserve evidence and protect your claim.
How Long Do You Have to File a Nursing Home Neglect Lawsuit?
Each state has a legal deadline—called the statute of limitations—that limits how long you have to file a nursing home neglect lawsuit. If you miss this deadline, you may lose your right to recover compensation, no matter how strong your case is. Here’s what you should know:
- Florida: Generally 2 years from the date of injury or when the injury was discovered
- Georgia: Usually 2 years from the date of harm
- Colorado: Typically 2 years, with limited exceptions
- North Carolina: Generally, 3 years from the date of injury
- California: Often 2 years, but only 1 year if the claim involves medical malpractice and the injury was discovered earlier
Additional considerations include:
- Delayed discovery: If the harm wasn’t immediately apparent, the clock may start later
- Minors or incapacitated residents: Some states toll the statute of limitations for residents unable to bring a claim on their own
- Wrongful death: The timeline may differ if the case involves a death caused by neglect
Because timelines can be complicated—and because facilities may not disclose what really happened—consulting an attorney early is the best way to protect your legal rights.
Your Loved One Deserves Better—And So Do You
Nursing homes have a legal and moral obligation to provide adequate care. When they don’t, families have the right to take legal action—not just to seek justice for their loved one, but to push for change across the system.
At Your Insurance Attorney, we don’t take these cases lightly. We offer personalized attention, compassionate communication, and a relentless commitment to helping families hold negligent facilities accountable.
We understand that your family’s story matters—and we’re here to help you tell it.
Contact Your Insurance Attorney Today
If you believe your loved one has suffered neglect in a nursing home in Florida, Georgia, Colorado, North Carolina, or California, do not wait. You have the right to take legal action, and we’re here to help you do it.
Call Your Insurance Attorney today for a free consultation.
- Florida (Miami): (888) 570-5677
- Florida (Maitland): (888) 423-5677
- Georgia (Atlanta): (888) 599-5677
- Colorado (Colorado Springs): (877) 755-5677
- North Carolina (Wilmington): (910) 260-4133
Justice for you, that’s what we do.
