What if the state inspection finds no violations, but I still believe my loved one suffered from neglect?
An inspection that finds no violations does not prohibit you from pursuing a civil claim. Government inspections sometimes miss evidence or focus on different standards than those required to prove negligence in court. A lawyer can conduct an independent investigation, hire experts, and gather evidence that may not appear in the state’s report.
If an inspection finds violations, do I automatically have a winning legal case?
No. A regulatory violation is different from civil liability. An inspection report citing a facility for breaking a rule can serve as powerful evidence in a lawsuit. However, to succeed in a civil claim, you must still prove that the facility’s breach of its duty of care directly caused your loved one’s injuries and damages.
Who do I report a nursing home incident to?
If the situation involves a medical emergency or violent crime, call 911. Call a lawyer to investigate before the nursing home administration can cover up the incident. Your lawyer can file a formal complaint with your state’s official regulatory body, often called the State Survey Agency. The Eldercare Locator, a public service of the U.S. Administration […]
Where can I find nursing home inspection reports?
The Centers for Medicare & Medicaid Services (CMS) provides inspection reports for most nursing homes nationwide through its Care Compare tool. You can search for a specific facility and view its overall rating, health inspection results, staffing data, and quality measures. You may also obtain reports from your state’s public health department.