Nursing Home Negligence FAQs

Abuse means causing pain or harm. It can include physical, mental, verbal, psychological or sexual abuse. It may involve corporal punishment, unreasonable seclusion or intimidation.

The National Citizens' Coalition for Nursing Home Reform (NCCNHR) reports that "Neglect is the failure to care for a person in a manner, which would avoid harm and pain, or the failure to react to a situation which may be harmful. Neglect may or may not be intentional." NCCNHR points out that neglect may include caregivers who actually mean well, but who are poorly trained and do not know how to provide proper care.

For starters, too many nursing homes do not hire sufficient numbers of qualified staff to appropriately care for their residents. Poorly qualified, untrained and/or overworked staff are not capable of addressing the demanding daily needs of nursing home residents.

Warning signs include unusual bruising or bleeding, bedsores, poor hygiene, significant or sudden weight loss, unresponsiveness, or physical or emotional withdrawal. Signs of nursing home neglect include a pervasive aroma of urine or feces, dirty or soiled bed sheets or clothing and missed medication, and if your loved one reports he or she is unable to get a response to a call for assistance or experiences extended periods where he or she is alone.

Any problems or concerns should be brought to the attention of the nursing home administrators. If problems do not cease, then government assistance and legal assistance is available. Contact the Delaware Department of Justice, Fraud and Consumer Protection Division, and Elderly Abuse and Exploitation Project, at 800-223-9074. If you have any questions regarding the nursing home neglect or abuse of a family member in a nursing home, please contact us.

Like many law firms, Nitsche & Fredricks LLC handles nursing home abuse and neglect cases on a contingency fee arrangement. This means you will not pay any attorney fees unless we recover a financial settlement or judgment in your case. If we obtain a recovery, we will be paid a percentage of that recovery. Generally, our firm will pay to develop the case (this includes expert fees, deposition costs, etc.) with the understanding that these costs will be paid for by the client in the event of a recovery.

There is no one answer to this question. Like personal injury cases, the majority of nursing home abuse or neglect cases are settled without going to trial. In fact, some cases are settled before a lawsuit is even filed; others are settled during litigation or the outcome may depend on a judge or jury verdict. It is important to understand that a nursing home abuse case could last a number of years.

Delaware laws regarding statutes of limitation govern the length of time one has to file a lawsuit. Different statute of limitations periods apply as to personal injury cases under various circumstances. Many cases involving nursing home abuse or neglect in Delaware have a statute of limitations of two years from the time of an injury or when the abuse or neglect was discovered or reasonably should have been discovered. It is important to consult with a knowledgeable Delaware nursing home violations attorney in order to be certain of any statute of limitations period that applies.

We welcome the opportunity to review the facts of your case and recommend the best course of action during a free consultation. There are no fees or expenses unless a recovery is obtained. However, every claim has a deadline, so it is important that you contact us to review any potential claim as soon as possible.