Discovering that a loved one has been abused or neglected in a nursing home is heartbreaking. Families place an enormous amount of trust in these facilities, expecting them to provide care, safety, and dignity. When that trust is broken, many people are left wondering who is legally responsible and what can be done about it.
In New York, more than one party can be held accountable for nursing home abuse. At Shafran & Rock in Kingston, we help families hold the right people and institutions responsible. This blog will walk you through who may be liable in these cases, what legal options exist, and how to begin protecting your loved one’s rights.
Types of Nursing Home Abuse That Can Lead to Legal Action
Before identifying who may be liable, it helps to understand what qualifies as abuse or neglect. Some of the most common forms of nursing home mistreatment include:
- Physical abuse, including hitting, pushing, or improper restraint
- Emotional or verbal abuse
- Neglect, such as failing to provide food, water, hygiene, or medical care
- Sexual abuse
- Financial exploitation
- Improper medication administration
- Failure to prevent falls or treat injuries promptly
Each of these actions, or in some cases, failures to act, can form the basis of a legal claim when they result in harm to a resident.
The Nursing Home Facility Itself
In most cases, the nursing home facility is the primary party named in a lawsuit. The facility has a legal duty to ensure that residents receive proper care in a safe environment. When employees abuse or neglect a resident, the facility may be liable for:
- Hiring unqualified or dangerous staff members
- Failing to train employees properly
- Not having enough staff to provide adequate care
- Ignoring complaints or signs of abuse
- Allowing unsafe conditions to persist
Facilities can be held responsible under legal theories such as negligent hiring, failure to supervise, or general corporate negligence. In some cases, corporate owners of the facility may also share in the liability.
Individual Staff Members
Employees who directly abuse or neglect a resident can be held personally liable. This includes nurses, certified nursing assistants, aides, and even custodial staff. While these individuals are often covered by the facility’s insurance policy, they may still be named in a lawsuit depending on the circumstances.
Criminal charges may also apply in cases of physical assault, sexual abuse, or theft. A civil lawsuit is separate from any criminal prosecution, and both may proceed at the same time.
Third-Party Contractors
Not all caregivers and service providers are direct employees of the nursing home. Some facilities outsource services such as physical therapy, food service, or medical care to third-party companies. If one of these contractors is responsible for the abuse or neglect, they may be held liable separately.
For example, if a contracted medical provider fails to administer critical medication, or a third-party security provider allows access to someone who harms a resident, those entities could face legal action.
Medical Professionals
Nurses, doctors, and specialists who provide medical care within a facility may be held liable for professional negligence. This typically falls under the category of medical malpractice. Failing to diagnose an illness, prescribing the wrong medication, or delaying necessary care can all result in injury or death and potential legal consequences.
Claims against licensed medical professionals are subject to different rules than general negligence claims, so working with an experienced nursing home negligence attorney is essential when this type of liability is involved.
Ownership Groups or Management Companies
Many nursing homes are owned or managed by large corporate groups. These companies may cut corners, ignore staffing needs, or delay necessary facility improvements to reduce costs. If corporate policies or decisions contributed to the abuse, the ownership group can be held accountable.
Investigating corporate liability often requires reviewing internal documents, staff records, and management practices. At Shafran & Rock, we work to uncover whether a pattern of neglect is tied to decisions made at the top.
How to Prove Liability in a Nursing Home Abuse Case
Winning a nursing home abuse case requires more than showing that an injury occurred. You must prove that the harm resulted from someone’s negligence, misconduct, or failure to act. Important forms of evidence can include:
- Medical records
- Witness statements from staff or other residents
- Photos of injuries or unsafe conditions
- Inspection and violation reports from regulatory agencies
- Staffing logs and incident reports
- Expert medical or forensic testimony
Facilities often try to hide or delay producing this evidence. That is why it is important to act quickly and involve an attorney who knows how to secure the necessary records and build a strong case.
What Compensation Can Families Receive?
If a claim is successful, your family may be entitled to damages for:
- Medical expenses related to the abuse or neglect
- Costs of transferring to a safer facility
- Pain and suffering experienced by the resident
- Emotional distress for the family
- Wrongful death, if the resident passed away due to the mistreatment
Holding negligent parties accountable not only helps your family recover; it can also prevent future harm to other residents by exposing dangerous practices.
Let Us Help You Take Action
If you suspect nursing home abuse or neglect, do not wait to act. Time matters in these cases, both for the safety of your loved one and the strength of your legal claim. At Shafran & Rock in Kingston, we are committed to helping families uncover the truth and pursue justice.
Contact Shafran & Rock today for a confidential consultation. We will listen to your concerns, investigate the situation, and help you understand your legal options. Your loved one deserves to be safe, respected, and protected.
