What Is Considered Negligence in a Nursing Home?

When families place their loved ones in a nursing home, they expect compassionate care, medical attention, and respect. Unfortunately, negligence in nursing homes is far too common, often resulting in serious injuries, illnesses, and even death. Nursing home negligence occurs when a facility or staff member fails to provide the level of care that a reasonably careful person or facility would provide under similar circumstances, leading to harm to the resident.

At John J. Malm & Associates, our attorneys represent victims of nursing home negligence throughout Illinois. We understand the emotional and physical toll that neglect can cause for residents and their families, and we are dedicated to holding negligent facilities accountable for their actions.

“At John J. Malm & Associates, we’ve seen how the failure to provide reasonable care at a nursing home destroys trust and lives. Our mission is to hold negligent facilities accountable and ensure that victims receive the justice and dignity they deserve.” — John J. Malm, Naperville nursing home negligence attorney

Statistics on Nursing Home Negligence

Negligence and abuse in nursing homes are alarmingly common in the United States:

• There are approximately 15,000 nursing homes in the U.S., housing 1.2 million residents, according to the Centers for Medicare & Medicaid Services (CMS).
• The Office of Inspector General (OIG) found that in one year, nearly one in five emergency room visits by Medicare nursing home residents involved potential abuse or neglect.
• The National Center on Elder Abuse (NCEA) reports that 1 in 10 older adults experience some form of abuse or neglect each year, and most cases go unreported.
• A 2023 report by the Illinois Department of Public Health (IDPH) identified over 1,000 substantiated complaints of neglect and abuse in licensed long-term care facilities statewide.

These numbers reveal a troubling pattern: many incidents of neglect are entirely preventable through better staffing, oversight, and adherence to basic safety protocols.

Common Types of Nursing Home Negligence

Negligence can take many forms in a nursing home setting. Some of the most common include:

• Failure to provide adequate medical care: Not administering medications correctly, failing to monitor health changes, or ignoring signs of infection.
• Poor hygiene and personal care: Failing to assist with bathing, grooming, or changing clothes and bed linens.
• Malnutrition or dehydration: Neglecting dietary needs or failing to ensure that residents receive enough fluids.
• Pressure ulcers (bedsores): Resulting from residents being left in one position for too long without movement or pressure relief.
• Falls and lack of supervision: Failing to implement safety measures for residents at risk of falling.
• Neglect in infection prevention: Poor sanitation or failure to follow infection control procedures.
• Emotional or social neglect: Ignoring residents, isolating them, or failing to respond to emotional distress.
• Documentation and communication errors: Missing medical notes, failing to follow doctor’s orders, or poor communication with family members.

Each of these failures can be considered negligence if it violates the accepted standard of care and leads to harm.

Warning Signs of Negligence in Illinois Nursing Homes

Negligence is not always easy to detect, but family members should look for warning signs such as:

• Unexplained weight loss or dehydration
• Bedsores or other preventable wounds
• Frequent infections
• Bruises, fractures, or unexplained injuries
• Sudden changes in behavior, depression, or withdrawal
• Poor hygiene, dirty clothes, or unclean living areas
• Missing medications or inconsistent dosing records

Pressure ulcers, for example, are a strong indicator of neglect. According to the Agency for Healthcare Research and Quality (AHRQ), pressure injuries affect more than 2.5 million people in the U.S. each year and are largely preventable with proper care.

How Negligence Is Proven in a Nursing Home Case

To establish negligence in a nursing home injury claim, four elements must be proven:

1. Duty of care: The facility owed a legal duty to provide reasonable care to the resident.
2. Breach of duty: The nursing home or staff failed to meet that standard.
3. Causation: The breach of duty directly caused harm to the resident.
4. Damages: The resident suffered physical, emotional, or financial harm as a result.

Evidence in these cases often includes:

• Medical records and treatment notes
• Medication logs and staffing schedules
• Inspection reports and state violation records
• Witness testimony from staff or other residents
• Expert opinions from medical professionals

Contributing Factors to Nursing Home Negligence

Negligence is rarely the fault of one employee, it usually reflects systemic problems within the nursing home facility itself. Common contributing factors include:

• Understaffing: One of the biggest causes of neglect. With too few workers, even basic tasks like repositioning or feeding residents are skipped.
• Inadequate training: Untrained or overworked staff may not understand proper care procedures.
• High turnover rates: Inconsistent caregivers lead to lack of familiarity with residents’ needs.
• Poor supervision: Lack of management oversight can allow unsafe practices to continue.
• Cost-cutting policies: For-profit facilities sometimes prioritize savings over safety.

According to a 2022 study published in the Journal of the American Geriatrics Society, nursing homes with lower staffing ratios had significantly higher rates of infections, pressure injuries, and hospitalization.

Steps Families Can Take to Prevent Negligence

Families play an important role in preventing neglect. Some proactive measures include:

• Reviewing inspection reports from the Illinois Department of Public Health (IDPH) or Medicare’s Care Compare website before selecting a facility.
• Ensuring that a personalized care plan is created and reviewed regularly.
• Visiting frequently and at varying times of day.
• Monitoring hygiene, nutrition, and emotional well-being.
• Asking specific questions about staffing ratios and fall prevention policies.
• Reporting concerns immediately to facility management and documenting all communication.
• Contacting the IDPH to file a complaint against the nursing home or its staff

What to Do if You Suspect Negligence

If you believe your loved one is being neglected, take these steps:

1. Document everything: Dates, times, injuries, and staff names.
2. Request records: Obtain copies of medical and nursing records.
3. Report your concerns: File a complaint with the Illinois Department of Public Health and the Illinois Long-Term Care Ombudsman.
4. Seek medical attention: Ensure your loved one receives prompt, independent evaluation.
5. Consult an experienced Illinois nursing home neglect attorney: A skilled lawyer can investigate the facility, preserve evidence, and pursue compensation.

Frequently Asked Questions about Nursing Home Negligence

Q: Is nursing home negligence always intentional?
A: No. Negligence usually involves carelessness or omission, not deliberate harm. Intentional mistreatment would fall under “abuse,” which is distinct but often occurs alongside neglect.

Q: What are examples of negligence leading to lawsuits?
A: Common examples include untreated bedsores, medication errors, dehydration, and falls due to lack of supervision or safety equipment.

Q: Who investigates nursing home neglect in Illinois?
A: Neglect complaints are investigated by the Illinois Department of Public Health (IDPH) for state-licensed facilities, and by the Centers for Medicare & Medicaid Services (CMS) for federally certified homes.

Q: How long do I have to file a lawsuit against a nursing home?
A: In Illinois, most nursing home negligence claims must be filed within two years of the date the injury. However, early consultation is crucial to preserve evidence.

Q: What compensation can be recovered?
A: Victims and their families may recover damages for:

• Medical expenses
• Pain and suffering
• Emotional distress
• Disfigurement or disability
• Wrongful death damages (if applicable)

Holding Negligent Nursing Homes Accountable

Nursing home negligence is a violation of trust that can lead to severe and lasting harm. Proper care standards exist to protect vulnerable residents, but when facilities cut corners or ignore their duties, they must be held accountable. Families deserve answers, justice, and the assurance that others will not suffer the same fate.

At John J. Malm & Associates, our attorneys have extensive experience investigating nursing home neglect cases, uncovering evidence of improper care, and pursuing full compensation for victims. We work tirelessly to make Illinois nursing homes safer for residents and their families. Contact our top-rated Illinois nursing home negligence attorneys for a free consultation today.