Nursing Home Neglect Lawsuit Calculator, from your losses, your share of fault and your state's rules.

The definitions section reads: “Neglect is the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.” (42 C.F.R. § 483.5)

The same section defines abuse: “Abuse. Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” (42 C.F.R. § 483.5)

And the section on abuse and neglect opens: “The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation as defined in this subpart.” (42 C.F.R. § 483.12)

These rules are conditions of taking part in Medicare and Medicaid, as their scope section says: “The provisions of this part contain the requirements that an institution must meet in order to qualify to participate as a Skilled Nursing Facility in the Medicare program, and as a nursing facility in the Medicaid program.” (42 C.F.R. § 483.1(b)) They say what a facility must do. Whether a facility that breaks one is liable to a resident is a question of each state's law, which this page does not answer.

The claim is framed around what the facility knew and did: whether it assessed the resident's risks, whether its care plan answered them, and whether its staff followed the plan. Which theories a state allows, what has to be shown for each, and whether the claim counts as medical malpractice there, are set by that state's law.

Whether the claim is a medical malpractice claim matters in three ways. It can decide which filing period applies, whether steps are required before a lawsuit is filed, and which caps on damages reach the claim. This page does not decide it. The calculator shows the shorter filing period, and the panel shows both periods and every cap that may apply.

The calculator prices the claim the way any injury claim is priced: the medical costs the harm caused, a figure for pain and suffering, a reduction for the injured person's own share of fault, and then the fees, costs and liens that come out of a recovery.

On accidents, the facility must ensure that “(1) The resident environment remains as free of accident hazards as is possible; and (2) Each resident receives adequate supervision and assistance devices to prevent accidents.” (42 C.F.R. § 483.25(d)).

On pressure ulcers, it must ensure that “A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual's clinical condition demonstrates that they were unavoidable;” (42 C.F.R. § 483.25(b)(1)(i))

Under the paragraph headed assisted nutrition and hydration, the facility must ensure that a resident “Is offered sufficient fluid intake to maintain proper hydration and health;” (42 C.F.R. § 483.25(g)(2))

On bed rails: “The facility must attempt to use appropriate alternatives prior to installing a side or bed rail.” (42 C.F.R. § 483.25(n))

A fall, a pressure ulcer or dehydration is not by itself proof of neglect, and the rules themselves allow that some outcomes are unavoidable. What the facility knew about the risk, and what it did, is what a claim turns on.

In response to an allegation, the facility must: “Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property, are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency and adult protective services where state law provides for jurisdiction in long-term care facilities) in accordance with State law through established procedures.” (42 C.F.R. § 483.12(c)(1))

It must also “Have evidence that all alleged violations are thoroughly investigated.” (42 C.F.R. § 483.12(c)(2))

And the resident's own right to complain: “The resident has the right to voice grievances to the facility or other agency or entity that hears grievances without discrimination or reprisal and without fear of discrimination or reprisal.” (42 C.F.R. § 483.10(j)(1))

If you suspect neglect, tell the facility's administrator in writing and keep a copy. You can also contact your state's survey agency, which inspects nursing homes, and the state long-term care ombudsman. If the resident is in danger, call 911.

The rule reads: “The facility must not require any resident or his or her representative to sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at, the facility and must explicitly inform the resident or his or her representative of his or her right not to sign the agreement as a condition of admission to, or as a requirement to continue to receive care at, the facility.” (42 C.F.R. § 483.70(m)(1))

And: “The agreement must explicitly grant the resident or his or her representative the right to rescind the agreement within 30 calendar days of signing it.” (42 C.F.R. § 483.70(m)(3))

Find the admission papers and look for an arbitration agreement, and note the date it was signed. Whether an agreement binds a claim, and what follows if a facility did not meet the rule, are questions for a lawyer in your state.

Which period governs a claim against a nursing home depends on whether the state treats it as a medical malpractice claim, which this page does not decide. In our data the medical malpractice period is never longer than the general injury period, so the calculator shows it, and the panel shows both where they differ.

Counting from the date of the harm is how the calculator works. A provision can start the clock later, for example when the harm was discovered, or pause it while the resident lacks capacity, and this page applies neither, so it never counts a later start for you.

If the resident died, a wrongful-death claim brought for the family runs on its own period, which the panel shows for your state, with the same words the wrongful-death calculator on this site uses.

Write down what you saw and when: the date and time of a fall, the first time you saw a wound, weight loss, signs of dehydration, a change in behavior. Photograph injuries and the room, with the date. Keep the names of staff you spoke to and what they said.

Ask in writing for copies of the resident's records: the chart, the care plan, the assessments, the medication record, and any incident report about the event. Keep the admission papers, any arbitration agreement, and every letter from the facility or an insurer.

Keep the hospital and doctor records of the harm, and every bill. They are what the calculator's economic damages are built from.

The questions on this page are answered by your state's own law: whether the claim is a malpractice claim, which period and which caps apply, whether steps are required before filing, and whether an arbitration agreement binds the claim. A lawyer who handles claims against nursing homes in your state can answer them for your facts. Bring your notes and photographs, the records you have asked for, the admission papers, and the periods the panel shows.