Can You Sue a Nursing Home for a Loved One's Injuries?
When an elderly parent or family member is injured in a nursing home, one of the first questions families often ask is:
Can we sue the nursing home?
Potentially, yes.
But the fact that someone was injured while living in a nursing home does not automatically mean the facility is legally responsible.
The key question is whether negligent or wrongful conduct caused or contributed to the injury.
Nursing Homes Have Responsibilities to Their Residents
Nursing homes care for people who may be unable to protect themselves or perform basic daily activities without assistance.
Depending on the resident's needs, appropriate care may include assistance with:
- Walking and transfers
- Eating and drinking
- Toileting
- Medication
- Personal hygiene
- Repositioning
- Fall prevention
- Wound care
- Medical monitoring
When a facility fails to provide appropriate care and a resident is injured as a result, the circumstances may support a negligence claim.
Common Nursing Home Injuries
Potential nursing-home cases can involve:
- Falls
- Broken hips
- Bedsores or pressure injuries
- Dehydration
- Malnutrition
- Medication errors
- Infections
- Physical abuse
- Sexual abuse
- Wandering or elopement
- Failure to obtain medical treatment
- Wrongful death
The injury itself, however, is only part of the investigation.
What Must Be Proven?
Generally, a negligence claim requires evidence that the responsible party owed a duty of care, breached that duty, and caused injuries and damages.
That sounds straightforward, but nursing-home cases can become complicated.
For example, if a resident falls, the investigation may examine whether the facility knew the resident was a fall risk and whether appropriate precautions were actually implemented.
What Evidence Can Be Important?
Relevant evidence may include:
- Medical records
- Nursing notes
- Care plans
- Incident reports
- Staffing information
- Photographs
- Surveillance video
- Witness statements
- Physician orders
- Medication records
- Family communications
Records can help determine what the nursing home knew before the injury occurred.
What If Your Loved One Cannot File the Lawsuit?
Depending upon the circumstances, another legally authorized person may be able to act on behalf of an incapacitated resident or deceased family member.
Exactly who has authority depends upon the situation and type of claim.
That issue should be addressed early rather than assuming any relative automatically has authority to bring a lawsuit.
Don't Assume the Facility's Explanation Is the Entire Story
Families sometimes hear explanations such as:
"She just fell."
"He stopped eating."
"Bedsores happen to elderly people."
"She bruises easily."
Those statements may or may not accurately explain what happened.
The underlying records can tell a more complete story.
Talk With a Pennsylvania Nursing Home Injury Lawyer
If your loved one suffered a serious or unexplained injury in a Pittsburgh-area nursing home, you have the right to ask questions.
Frank Walker Law can evaluate the circumstances, review available records, and determine whether further investigation is warranted.
Contact Frank Walker Law to discuss your loved one's nursing-home injury.
If another family in your network has a loved one receiving long-term care, like and share this article. They may need this information more than you realize.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.