Joe Osborne & Greg Francis, Personal Injury Lawyers & Founders of Osborne & Francis

Nursing Home Negligence Lawyers

Legally Reviewed By
Doug Morris

Attorneys dedicated to helping elderly victims and their families.

As the population continues to age and live longer than ever, more seniors will end up in assisted living and nursing homes. While many facilities are great alternatives to having aging relatives live in-home, some seem to put profits above care and offer substandard care.

If you suspect your loved one is being neglected, call Osborne & Francis. Our nursing home negligence lawyers have years of experience helping our elderly loved ones get the treatment and compensation they deserve. We believe in giving back and strengthening our communities one case at a time.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

What Is Nursing Home Negligence?

Nursing home negligence is a type of abuse against elderly loved ones in assisted living facilities. Older members of the community are among the most vulnerable to abuse and neglect.

In nursing homes and other long-term care facilities, our elderly loved ones are at the mercy of nurses, doctors, and staff members. As we age, our bodies require more attention. We develop brittle bones, have more trouble moving, and can develop bedsores if left in the same position for extended hours.

We are largely dependent on the compassion of staff members. However, when they fail to uphold the standard of care owed to your loved one, the consequences can be debilitating.

How Much Is a Nursing Home Negligence Case Worth?

Our elderly loved ones deserve a safe place to call home. If you suspect your loved one has been neglected or abused by a nursing home staff member or volunteer, our nursing home negligence attorneys have the skills and dedication to secure the damages you and your family deserve, including:

  • Full coverage of medical expenses
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Relocation expenses
  • Possible punitive damages

We have the resources and knowledge necessary to help you prove your case and navigate the complexities of nursing home negligence law.

Can You Sue a Care Home for Neglect?

Yes, you can sue a care home for neglect. Our talented legal team has extensive experience helping families protect their elderly loved ones. Some common care home facilities include:

  • Rest homes
  • Assisted living centers
  • Nursing homes
  • Convalescent homes
  • Long-term care facilities

If your senior loved one has suffered injuries due to negligent care, you must report it to the nursing home staff immediately. If the situation does not improve, another report can be made to the administration. Creating a paper trail to show that you made the facility and the administrators aware of the neglect is critical to your case. Establishing negligence will significantly depend on proving the staff was informed of the injuries your loved one endured. If the abuse or neglect continues, the next step is to file a police report.

Next, be sure to have your loved one physically and mentally evaluated by a doctor outside the facility. To prepare a nursing home negligence claim, detailed medical records will be needed to show the extent of the neglect.

Choose an experienced and dedicated nursing home negligence lawyer to help your case and accurately evaluate your claim.

What Is Considered Negligence in a Nursing Home?

Nursing home negligence can be challenging to uncover. Due to their advanced age, an occasional bedsore or bruise may be expected and not considered neglect. It can be especially difficult to uncover negligence if your elderly loved one has dementia. It is vital to recognize repeating signs of abuse and file a report with the facility.

Nursing home negligence can take many forms. The most common types of elder neglect are as follows:

  • Medical neglect:
  • Failure to report signs of illness and infections to the proper medical staff
  • Failure to move immobile or partially immobile residents
  • Inability to give proper medical care for existing issues, including medications
  • Basic needs neglect:
  • Not providing safe drinking water or food
  • Failure to clean bedrooms and common areas
  • Emotional and social neglect:
  • Isolating residents and patients
  • Failure to provide mobility aids, including wheelchairs, walkers, and canes
  • Personal hygiene neglect:
  • Failure to keep residents clean, teeth brushed, and other grooming necessities
  • Failure to change soiled bedsheets and clothes
  • Failure to change resident’s outfits on a regular basis
  • Failure to check on residents

Nursing home negligence can hurt a resident’s emotional well-being and physical health.

The nursing home negligence attorneys of Osborne & Francis will put your needs first and fight on your behalf. Call (561) 293-2600 to discuss the details of your case and how our award-winning team can help.

contact our office to speak to a lawyer.

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Are There Warning Signs of Nursing Home Negligence?

Nursing home neglect occurs when a medical provider fails to provide a patient the level of care that they require. It is essentially failing to provide a standard of care consistent with their individual needs but includes basic hygiene, assistance with meals, and help with mobility.

Nursing home neglect can take many forms. Look for the following warning signs if you suspect your loved one is being mistreated:

  • Poor personal hygiene
  • Unsanitary or just unclean living conditions
  • Declining or loss of mobility
  • Personality changes such as aggression, agitation, anger or withdrawal
  • Injuries that seem to have no valid explanation
  • Improper billing practices
  • Bedsores
  • Dehydration
  • Infections
  • Malnutrition
  • Rapid weight loss
  • Reluctance to speak about the staff or in their presence
  • Heavy sedation
  • Being frequently ill

Some signs of neglect are easier to catch. If your elderly loved one shows signs of neglect, abuse, or mistreatment, they are not alone. New studies are revealing elder neglect to be a grossly underreported violation.

How Pervasive Is Nursing Home Negligence?

Nursing home negligence is widely under-reported and under-researched. Several surveys have been pulled together over the years, revealing startling facts about the prevalence of neglect.

Currently, there are over 2.5 million elders living in nursing homes and other long-term care facilities. The U.S. House of Representatives, Committee on Government Reform released a report that found:

  • 10% of nursing homes were cited for severe elder abuse and neglect that resulted in death or serious injury
  • 33% of long-term care facilities were cited for neglect

Projections from analysts cite cases of neglect will continue to trend upwards as the largest population segment continues to age.

Recently, elder abuse and neglect have received more attention. Studies from the National Center on Elder Abuse report negligence and elder abuse statistics together:

  • 11.6% of residents experience physical abuse and neglect
  • 4.6% experience some form of emotional abuse and neglect
  • 4.2% are subjected to different types of neglect
  • 2.6% experience financial abuse
  • .9% suffer sexual abuse

It seems unfair that we will depend so heavily on others at one of the most vulnerable times of our lives. Our elderly loved ones deserve to be cared for with dignity and respect.

Which parties can be held liable for nursing home negligence?

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

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Why Choose to Work With Osborne & Francis?

Attorneys Joseph Osborne and Gregorio Francis founded their personal injury firm on the belief, “justice for all.” Our nationally recognized legal team stands for the rights of the underrepresented and marginalized. No matter their socioeconomic or racial background, every client should be treated with respect, dignity, and significance.

Our clients are more than a high settlement or verdict. If you have been harmed by dangerous drugs, you deserve more than compensation. Our work can impact the policies and laws of our community. Whether a pharmacist or a multi-million pharmaceutical company is responsible for your suffering, we will hold the negligent party accountable and help deter others from being hurt similarly.

The nursing home negligence attorneys of Osborne & Francis will put your needs first and fight on your behalf. Call (561) 293-2600 to discuss the details of your case and how our award-winning team can help.

Frequently Asked Questions

Which parties can be held liable for nursing home negligence?

Nursing home staff and third parties can be held liable for nursing home negligence. For example, residents may suffer neglect due to:

  • The negligent training of staff members
  • A failure to provide sufficient security from an outside provider
  • The failure to address medical needs or provide medication

If your elderly loved one is showing signs of neglect, alert the proper authorities. You should speak to an experienced nursing home negligence attorney to discuss the best course of action to protect your loved one.

How much is a bedsore lawsuit worth?

A bedsore lawsuit can cover damages ranging from medical bills, treamtments and medications, and pain and suffering. The value of any personal injury case largely depends on the extent of the physical injuries and the pain and suffering of the victim. When preventable bedsores lead to severe infections and hospitalization, your elderly loved one deserves fair compensation.

What is the filing deadline for nursing home negligence lawsuits?

The filing deadline for nursing home negligence lawsuits is two years from the date of your injuries. If you suspect your elderly loved one has suffered from neglect, it is important that you act with urgency.

Protect your loved ones and help prevent the elderly in our community from the same pain. Reach out to an experienced nursing home negligence attorney and hold the responsible parties accountable.

How long do nursing home negligence cases take?

Nursing home negligence cases can take several months to a few years. Each negligence claim is unique and can vary considerably based on the circumstances of the case.

At Osborne & Francis, our nursing home negligence attorneys have years of experience. We can discuss the details of your claim and give you an individualized estimate of the length of your case.

Call (561) 293-2600 to schedule a free consultation today.