Legal Options for Families After a Nursing Home Injury

When a loved one is injured in a nursing home, families are shocked, scared, and often confused about what to do next. Injuries in long-term care settings range from medication errors and pressure ulcers to falls, physical abuse, and neglect, and each type of harm can trigger different legal claims, administrative remedies, and practical steps you should take right away. In this blog, we explain the common legal options families can pursue after a nursing-home injury, the kinds of evidence that matter, important deadlines to watch for, and how to preserve your loved one’s rights while protecting their well-being.

How Common are Nursing Home Injuries?

Older adults in institutional care are at elevated risk for certain types of harm. Falls are the leading cause of injury for adults 65 and older; more than one in four older Americans falls each year, and fall-related deaths have risen substantially in recent years. Nursing homes also face chronic staffing and care-quality challenges that increase the odds of preventable harm. Federal and advocacy reports have documented widespread staffing shortfalls and quality deficiencies across many facilities, problems that correlate with higher resident injury and neglect rates.

Common Causes of Nursing Home Injuries

Injuries in long-term care often arise from predictable lapses in care. Typical causes include:

Falls and inadequate fall prevention (missing or unperformed risk assessments, lack of bed alarms or supervision).
Medication errors (wrong drug, dose, timing, or failure to follow physician orders).
Pressure ulcers (bedsores) caused by failure to reposition or treat at-risk residents.
Infections from poor hygiene, catheter care, or hospital transfers.
Physical or sexual abuse (staff-to-resident or resident-to-resident).
Neglect that leads to malnutrition, dehydration, or untreated medical conditions. Each category can give rise to legal claims if the facility’s conduct falls below the standard of care.

Legal Claims Families Can Pursue

There are several legal theories families can use to hold a nursing home (and sometimes individual caregivers or corporate operators) accountable:

Negligence: Negligence is the most common basis for nursing-home lawsuits. To prove negligence you generally must show the facility owed a duty of care, breached that duty (for example, by understaffing or failing to follow physician orders), the breach caused the injury, and the family member suffered damages (medical bills, pain and suffering, and so on). Evidence of missed care, staffing logs, and medical records are central to these claims.
Neglect and abuse (statutory or tort claims): Many states have statutes and regulatory schemes addressing elder abuse and neglect in long-term care. If a resident was intentionally harmed or grossly neglected, families may pursue both civil damages and criminal complaints in severe cases. Administrative investigations often run parallel to civil actions.
Medical malpractice (where physicians or nurses’ acts caused harm): When the injury stems directly from a medical professional’s diagnostic or treatment errors, medical malpractice theories may apply. These claims often require expert medical opinions to establish the standard of care and breach.
Wrongful death: If an injury leads to death, a wrongful death action can seek compensation for funeral expenses, lost household support, and other statutorily defined damages. Procedural rules and eligible plaintiffs vary by state.

Potential Parties Who May Be Liable

Liability may extend beyond the individual caregiver. Potential defendants include:

The nursing home operator or corporate owner.
Individual nurses or aides whose negligent acts caused harm.
Private physicians or contracted providers (for malpractice).
Suppliers, subcontractors, or transportation providers (if their actions contributed).
Employers, when corporate policies or understaffing created foreseeable risk.

Recovering Compensation and Non-Monetary Relief

Monetary recovery can include medical expenses, pain and suffering, rehabilitation costs, and in wrongful-death cases, funeral expenses and loss of support. Non-monetary relief may include corrective actions at the facility, mandatory policy changes, or triggering regulatory enforcement that improves resident safety for others. Families should weigh both financial recovery and meaningful systemic remedies when pursuing claims.

Administrative and Regulatory Remedies

Civil litigation is not the only path. Families should also use administrative reporting channels that can prompt inspections, enforcement, or corrective plans:

Illinois Department of Public Health complaints (state health departments investigate care-quality complaints and can cite facilities or impose remedies).
Long-Term Care Ombudsman: local ombudsmen help residents and families resolve complaints and advocate for resident rights.
Licensing boards and criminal reports: in cases of suspected abuse, families can notify licensing authorities or law enforcement.

Evidence That Strengthens a Nursing Home Injury Case

Strong documentation makes the difference between a claim that succeeds and one that fails. Preserve and collect:

All medical records and medication administration records (MARs).
Incident reports and copies of nursing notes for the time surrounding the injury.
Photographs of injuries, the resident’s room, and any unsafe conditions (wet floors, broken rails, etc.).
Witness statements from other residents, family members, or staff.
Staffing logs, schedules, and timecards (these can show understaffing or missed shifts). Federal studies and advocates have emphasized the link between understaffing and higher resident harm; staffing documentation is therefore potent evidence.

Practical Steps Families Should Take Immediately

Seek medical care right away. The resident’s health is the priority, and contemporaneous treatment documents the injury.
Notify the facility and request incident documentation. Ask for a copy of the facility incident report and any internal investigations.
Document everything. Keep a written log of symptoms, conversations, and dates. Photograph injuries and the environment.
Report to the appropriate agency. File a complaint with the state survey agency and contact the local Long-Term Care Ombudsman.
Preserve evidence and avoid signing away rights. Do not sign releases or waivers without consulting counsel. Facilities sometimes ask families to sign documents that can limit legal claims.
Consult an experienced Naperville nursing home attorney. An attorney can demand records, preserve evidence before it is lost, and advise on both administrative complaints and civil claims.

Frequently Asked Questions about Nursing Home Injury Claims

Q: Will filing a complaint automatically get my family member moved to a new facility?
A: Not automatically. Administrative complaints prompt investigations; if the facility is found to pose an immediate danger, regulators can order transfers or removals, but outcomes vary. In urgent situations, families should discuss immediate transfer with medical staff and consider emergency alternatives.

Q: Can I sue if the facility blames the resident’s pre-existing conditions?
A: Yes. Pre-existing conditions do not excuse negligence. If staff failures materially caused or worsened an injury, a claim can proceed. Medical records and expert testimony are usually required to show causation.

Q: How long does a nursing-home lawsuit take?
A: It depends: some cases settle in months; others proceed to trial over years. Administrative investigations and discovery add time. Prompt legal action often preserves evidence and improves settlement prospects.

Q: Will insurance cover these claims?
A: Many nursing homes carry liability insurance to cover negligence claims; however, insurers may dispute coverage or the amount. An attorney can help navigate insurance responses and negotiate medical liens or settlements.

Contact the Compassionate Naperville Nursing Home Injury Lawyers at John J. Malm & Associates

A nursing-home injury is both a medical emergency and a legal red flag. Because these cases involve complex medical evidence, regulatory systems, and strict deadlines, the best protection for your loved one is a prompt, documented response: get immediate medical care, preserve records and evidence, file appropriate administrative complaints, and work with the experienced Naperville nursing home neglect lawyers at John J. Malm & Associates who knows how to investigate nursing-home practices and hold negligent operators accountable.

If your loved one has been injured in a nursing home, don’t wait. Contact our firm for a free consultation. We will review the medical records, preserve evidence, explain your legal options, and, if appropriate, pursue claims against the facility or other responsible parties so you can focus on recovery and care. We’re here to help you demand answers and seek justice.