Signs It's Time to Consult a Lawyer for Nursing Home Problems

If you have a loved one who lives in a nursing home or other long-term care facility and you’re noticing problems with the care they receive, at what point should you call a lawyer about those problems?

“It’s often tough, from a layperson’s perspective, to know if what’s happening is enough for a lawsuit,” says nursing home abuse attorney Art Gharibian. “Do I need to talk to a lawyer, or should I just complain to the nursing home administrator? It can be tricky to navigate these situations.”

While every deficiency in nursing home care is serious, not every situation will justify a lawsuit against the nursing home. So, when should you seek legal help? “If we’re talking about a serious injury resulting from nursing home neglect or abuse, then you should contact an attorney to see what your rights are as far as taking legal action,” says Gharibian.

More serious types of mistreatment include sexual and physical abuse and injuries resulting from repeated falls.

Every Concern with Nursing Home Care Is Serious, But Not Every Solution Involves Legal Action

Gharibian, whose firm in Glendale, California, focuses on nursing home abuse cases, medical malpractice, and wrongful death, says that he often receives calls from individuals with complaints about nursing home care that are serious but don’t rise to the level of legal action. “I don’t mean to mean to downgrade any issue a family member is having with nursing home care. It’s always a serious issue when you’re not being provided the care you’re supposed to be getting.”

However, there are other options you can pursue to address many nursing home issues that don’t involve getting a lawyer. In order of severity, they are:

• Communicating directly with the nursing home administrator;
• Contacting your long-term care ombudsman program;
• Filing a complaint with your state’s department of health.

Read more about resolving issues with your loved one’s nursing home facility.

I think the most important thing a family member can do is advocate for their loved ones. The more you know, the better it’s going to be… If the problems you’re seeing involve a serious injury, contact an attorney with experience in nursing home abuse litigation.

When You Should Consider Legal Options

“If the problems you’re seeing involve a serious injury, contact an attorney with experience in nursing home abuse litigation,” says Gharibian.

Red flags and warning signs of physical abuse or neglect to watch out for include:

• Bed sores or pressure ulcers, which are preventable with adequate care;
• Sudden or drastic weight loss, which could indicate malnutrition ;
• Unexplained bruises or broken bones;
• Sudden behavioral changes or mood swings;
• Unsanitary living conditions or lack of personal hygiene.

Learn more about signs of neglect and abuse in nursing home facilities.

Being an Advocate for Your Loved One’s Well-Being

“I think the most important thing a family member can do is advocate for their loved ones,” says Gharibian. “The more you know, the better it’s going to be.” And that requires being in touch. Regular phone calls are important, but in-person visits are also essential to be involved in their care and medical treatment and to be able to see any signs of nursing home abuse.

However, Gharibian cautions that frequent visits can have complicating factors and require finesse. “Nursing home staff members may view frequent visits as the family member being too difficult. They don’t like somebody in there all day, every day. One of the downsides to frequent visits is that the facility may start relying on the family member for some types of care, such as providing the older adult food or helping them walk to the restroom.”

That being said, the more present a family member is, the more the facility sees that there are people who care about the nursing home resident. “That should make the facility want to provide better care because they know the family is involved. They know the family’s visiting, and they don’t want to screw up.”

Find an Experienced Nursing Home Abuse Lawyer

Visit the Super Lawyers directory to find an experienced nursing home abuse lawyer in your area. While there are other avenues you can pursue to address problems with nursing home care, Gharibian adds that “It doesn’t hurt to contact an attorney just get some general advice” if you have questions or are feeling unsure about next steps.

For more information on this area of law, see our overviews of nursing home law, elder law, and related content.