A person who decides to file a civil lawsuit against a nursing home needs to put forth evidence of suffering and/or losses as a result of the nursing home's conduct. Some damages that the plaintiff should include are: necessary and reasonable medical expenses, actual past expenses for medical care, current and future pain and suffering from physical injuries, mental suffering, and past and future impairment of the ability enjoy life. In cases where a plaintiff can show that the nursing home engaged in malicious or reckless conduct, he or she can sometimes be awarded punitive damages as well.
The decision to place a loved one in a long-term care facility can be emotionally painful and is often based upon the expectation that the nursing home or assisted living facility will provide a safe, engaging environment and the level of care that your loved one requires. Many find that this expectation is met. The elderly, however, are our nation’s most defenseless population and can be easy targets for abuse and neglect. When a nursing home allows a resident to be hurt or neglected, family members may feel betrayed and confused about how to protect their loved one and where to turn for help.