Suing a Nursing Home for Negligence

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When families trust a nursing home facility to care for their loved ones, they expect safety, respect, and professional medical care. Unfortunately, some facilities fall short, and residents suffer from abuse or neglect. If you are considering suing a nursing home for negligence, chances are you’ve seen warning signs: unexplained injuries, poor hygiene, sudden weight loss, or emotional changes. Neglect and abuse can leave residents with severe injuries and emotional trauma.

At Recovery Law Center, we understand the pain families go through when a negligent nursing home fails to provide proper care. For over 29 years, attorney Glenn Honda has represented families in Hawaii facing similar challenges. Our legal team understands the trauma that families face, and we stand ready to pursue legal action against facilities that fail to uphold their duty of care.

Legal Support from Recovery Law Center for Nursing Home Abuse Lawsuit

Taking legal action against a nursing home facility is a serious step. Families need an attorney with proven experience, legal knowledge, and compassion to guide them through the process. At Recovery Law Center, we bring decades of hands-on work in elder abuse and nursing home negligence cases to every client we serve.

1. Experienced Representation in Nursing Home Negligence Lawsuits

Attorney Glenn Honda of Recovery Law Center has represented Hawaii families in cases involving nursing home abuse and neglect. His work includes filing nursing home negligence lawsuits, negotiating fair settlements, and bringing claims to trial when needed. This depth of experience means our firm understands both the legal and emotional challenges families face.

2. A Careful and Thorough Legal Process

Our legal team begins with a free consultation and a complimentary review of your legal case. We investigate by examining medical records, interviewing family members and other residents, and gathering documentation that shows a nursing home’s failure to provide adequate care. We build a strong foundation by proving violations of general and medical duty.

3. Skilled Legal Team to Handle Complex Cases

Hiring a nursing home abuse lawyer ensures you have professionals who know how to handle insurance companies, corporate nursing home owners, and medical providers. We take over communication, prepare legal filings, and stand ready to represent you in settlement talks or at trial. Our attorneys are trained in both nursing home litigation and broader personal injury cases, providing clients with a comprehensive range of representation.

4. Committed to Securing Maximum Compensation

Our mission is to recover financial compensation that reflects the true harm caused by a negligent nursing home. This includes damages for medical bills, emotional harm, and wrongful death. Whether through a nursing home abuse settlement or a courtroom verdict, we fight for maximum compensation so families can focus on healing while knowing justice is being served.

Who Can Sue for Nursing Home Abuse?

Nursing home residents can sue facilities themselves if they are legally and mentally capable. Family members, such as spouses, parents, or adult children, can also sue on behalf of nursing home residents if they hold power of attorney.

Regardless of who files the lawsuit, it’s essential to keep in mind that strict time limits apply to legal cases. Every personal injury lawsuit in Hawaii, including nursing home abuse or neglect claims, must be filed within two years of the original injury or incident. If you wait too long to file, you could lose your right to compensation.

Types of Nursing Home Neglect

Nursing home abuse takes many forms, including:

Physical abuse occurs when someone intentionally or negligently inflicts harm or bodily injury on a nursing home resident. Common examples include striking, shaking, shoving, pinching, or restraining patients unnecessarily.
Psychological abuse involves inflicting emotional distress or anguish on a resident. Verbal assault, insults, threats, humiliation, intimidation, harassment, and social isolation are types of psychological abuse.
Financial abuse involves illegally taking or misappropriating a patient’s money, property, or assets. Examples include defrauding patients into signing financial agreements and stealing money, jewelry, or other valuables.
Sexual abuse is any non-consensual sexual contact with a resident. This is true whether the contact occurs through force, coercion, or the exploitation of a person’s status.
Neglect happens when a facility or its employees fail to meet a patient’s physical, psychological, or social needs. Victims of neglect may suffer from dehydration, malnutrition, and health problems stemming from a lack of attention to their basic needs.

Good Reasons to Sue a Nursing Home

If you suspect any facility of abuse or neglect, discuss your options to sue with a knowledgeable attorney immediately. Look for these warning signs:

Unexplained bruises or lacerations
Untreated or open wounds
Strangulation, burn, bite, or restraint marks
Fall indicators, such as broken glasses
Unexplained changes in behavior
Unusual lack of self-care or self-esteem
General agitation or emotional distress
A decline in communication or responsiveness
Self-soothing behaviors that are out of the ordinary, such as rocking or sucking
Withdrawal from daily activities

New diagnoses of sexually transmitted diseases or infections
Abrupt or unexplained changes in bank account balances
Bills for services never rendered
Unexplained withdrawals or missing valuables
Abrupt changes to wills, estate plans, or powers of attorney
Dehydration, malnutrition, or lack of proper medication
Substandard personal hygiene
Bedsores
Unsanitary or inappropriate clothing, linens, or quarters

Elderly woman in a wheelchair raises her hands defensively as a clenched fist approaches, depicting elder abuse and the urgent need for protective legal action

How Do I File a Nursing Home Negligence Lawsuit?

If you know or suspect you have grounds for a nursing home abuse or neglect lawsuit in Hawaii, take the following steps to establish a strong foundation for your case:

Speak to your loved one – Before you do anything else, ask your loved one about your concerns privately. Many abuse victims fear speaking up, so trust your gut if anything feels off.
Request corrective measures – If a nursing home is well-run, the administration will want to do everything possible to provide safe and comfortable accommodations. Before resorting to legal action, speak to administrators to see whether they will listen to your concerns and recommend reasonable solutions.
Be observant and take notes – Quality facilities with nothing to hide won’t mind polite visitors showing up unexpectedly or asking questions. Don’t hesitate to respectfully call out unfamiliar practices or document procedures that seem unsafe.
Call the police, if necessary – If you believe your loved one is in imminent danger or being subjected to abuse, don’t wait to take action. Call 911 promptly and, if necessary, remove your loved one from the facility.
File a report with Adult Protective Services – If the nursing home administrators are unwilling to address your concerns, you may want to file a report with Hawaii’s Adult Protective Services (APS) agency.
Contact a nursing home abuse attorney – An experienced lawyer can help you hold negligent nursing home facilities and administrators accountable for their actions.

Proving a Nursing Home Negligence Case

Proving nursing home abuse or neglect can be challenging, especially when it’s just one person’s word against another’s. A skilled lawyer will collect detailed evidence to support your claim. Potential evidence in a nursing home abuse case may include:

Personal notes and observations regarding suspected abuse or neglect
Nursing home or medical records from Medicare or Medicaid
Photographs of visible injuries and unsanitary or unsafe living conditions
Records of previous APS complaints filed against the nursing home
Statements from witnesses, such as other residents, visitors, or employees
Records of past facility inspections, including citations and licensing issues

Top Nursing Home Abuse FAQs

What constitutes nursing home negligence in Hawaii?

Nursing home negligence occurs when a facility fails to provide the standard of care expected for elderly residents. This can include inadequate medical care, poor hygiene, medication errors, falls due to unsafe conditions, malnutrition or dehydration, failure to prevent bedsores, inadequate staffing, and failure to address residents' basic needs. Warning signs include unexplained injuries, sudden weight loss, poor hygiene, emotional changes, and deterioration in overall health.

How do I prove nursing home negligence in Hawaii?

Proving nursing home negligence requires demonstrating that the facility failed to meet the standard of care expected. This involves gathering medical records, documenting injuries or neglect, interviewing witnesses including staff and other residents, reviewing the facility's policies and procedures, examining staffing records, and obtaining expert testimony from medical professionals. Our legal team at Recovery Law Center conducts thorough investigations to build strong cases that establish violations of duty and causation.

What compensation can families recover in nursing home negligence cases?

Families may be able to recover various types of damages including medical expenses for additional treatment needed due to negligence, pain and suffering endured by the resident, emotional distress for both the resident and family members, costs for alternative care arrangements, punitive damages in cases of willful misconduct, and wrongful death damages if negligence results in death. The amount depends on the severity of harm, the extent of negligence, and the impact on the resident's quality of life.

How long do I have to file a nursing home negligence lawsuit in Hawaii?

In Hawaii, you generally have two years from the date you discovered or should have discovered the negligence to file a lawsuit. However, this timeline can be complex in nursing home cases because negligence may occur over time and may not be immediately apparent. It's crucial to contact an experienced nursing home negligence attorney as soon as you suspect abuse or neglect to ensure your rights are protected and evidence is preserved.

What should I do if I suspect nursing home negligence?

If you suspect negligence, immediately document any signs of abuse or neglect with photographs and written notes, report concerns to facility administrators and state regulatory agencies, seek medical attention for your loved one if needed, gather medical records and facility documentation, speak with other residents and family members who may have witnessed problems, and contact an experienced nursing home negligence attorney. Do not delay in taking action, as evidence can disappear and witnesses may become unavailable.

Why choose Recovery Law Center for nursing home negligence cases?

Attorney Glenn Honda has over 29 years of experience representing Hawaii families in nursing home abuse and neglect cases. Our firm understands both the legal complexities and emotional challenges these cases present. We conduct thorough investigations, work with medical experts, handle insurance companies and corporate nursing home owners, and fight for maximum compensation. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

How much does it cost to hire a nursing home negligence lawyer?

At Recovery Law Center, we handle nursing home negligence cases on a contingency fee basis, which means you won't pay attorney fees unless and until we successfully recover compensation for you. This arrangement allows families to access experienced legal representation without upfront costs during an already difficult time. We understand that nursing home negligence cases can create financial strain on families, so our fee structure ensures everyone can afford quality legal representation.

What makes nursing home negligence cases different from other personal injury cases?

Nursing home negligence cases involve unique challenges including vulnerable elderly victims who may have difficulty communicating or remembering events, complex medical histories that can complicate causation issues, institutional defendants with corporate legal teams and insurance coverage, federal and state regulations specific to nursing home operations, potential criminal aspects requiring coordination with regulatory agencies, and emotional trauma for families who trusted the facility with their loved one's care. These cases require attorneys with specific experience in elder abuse and nursing home litigation.

Nursing Home Abuse Settlements and Litigation Outcomes

Lawyer in a dark suit shakes hands with a client across a desk featuring legal documents, a gavel, and justice scales—symbolizing a successful personal injury settlement or legal agreement

Most nursing home abuse cases resolve before trial, often through settlements. An experienced nursing home abuse lawyer can negotiate with insurers to secure fair and favorable outcomes. A nursing home abuse settlement saves time, avoids stressful trials, and guarantees payment.

Still, not all offers are fair. If the settlement fails to account for medical bills, funeral expenses, or emotional distress, families may choose to continue with nursing home litigation. At Recovery Law Center, we are fully prepared to go to court if that is what it takes to seek justice.

Our attorneys provide a free legal case review so you understand the strengths of your case. We are committed to helping you hold negligent facilities accountable and protecting the rights of vulnerable residents. Every outcome is different, but with a strong legal team, families improve their chances of recovering fair and just compensation.

Demand Accountability for Abused or Neglected Nursing Home Residents with Recovery Law Center

When a nursing home fails to provide the care your loved one deserves, it’s a violation of trust. Families place their confidence in these facilities to protect, nurture, and support some of the most vulnerable members of our community. When that trust is broken through neglect or negligence, you must take legal action to hold the nursing home accountable and help prevent future harm to others.

If you believe a nursing home’s negligence has caused harm, don’t wait to take the next step and reach out to Recovery Law Center.

Call us today at (808) 515-6972 to speak with a compassionate attorney who can guide you through your options and help you pursue the justice your family deserves.

Glenn was able to garner a far larger settlement to compensate me for what I went through and the scar I will bear for life. His staff was always helpful and available and made the process extremely easy. I hope to never be injured again but I would not hesitate to count on Recovery Law Center or recommend them to anyone who has been injured or pushed around by insurance companies.

Aint T.

RLC Client

Glenn Honda and the staff at Recovery Law helped me through one of the toughest times I experienced when my 15 year old was involved in a head on collision, and she was the passenger. I had so many question and concerns with her medical/therapy bills that seemed never ending. Recovery Law kept me informed throughout the process what to expect with the bills and got me through a tough time. My Attorney Glenn Honda fought hard for my daughter and kept her (and my) best interest always in the forefront. Recovery Law, and staff, went above and beyond to ensure the outcome was a positive one. Recovery Law and Glenn Honda made us feel like family and we trusted them wholeheartedly. As a mother, you always want the best for your children, and using Recovery Law during this troubling time was the best decision I made for my daughter and our family. I would recommend Recover Law, Glenn Honda to anyone who needs a strong advocate for either yourself, or your family member(s). Glenn Honda is truly a man who believes in justice.

Bernadette Wong

Excellent service provided by Mr. Honda and his paralegal team—Jolie, George & Jennifer!! I highly recommend this firm to anyone seeking help from a law firm.

Raelene Balidoy

LOVED working with these guys!! They made me feel like family from the minute I walked in the door. When things go wrong, these are the guys you want in your corner. In a world where it's hard to know who to trust, I am so glad I know Recovery Law Center. Thanks guys!!

Gigi Lee 12/10/2019