Legal Considerations, Safety Risks, and How KBD Attorneys Protect Residents’ Rights
Placing a loved one in a nursing home is a decision that involves both emotional and legal considerations. Families often turn to long-term care facilities with the expectation that their relatives will receive attentive medical care, assistance with daily activities, and a safe living environment. Unfortunately, not all nursing homes meet these expectations, and when they fail, the consequences can be devastating.
KBA Attorneys, now Ketterer, Browne and Davani, LLC has extensive experience advocating for victims of nursing home neglect and abuse. Understanding how to select a qualified facility, monitor its care, and take swift legal action when problems arise can protect vulnerable residents and hold negligent facilities accountable.
Table of Contents
Step 1: Selecting a Nursing Home with Care and Due Diligence
Choosing the right nursing home requires more than reviewing glossy brochures or relying on online star ratings. Families can take a systematic approach:
Check Licensing and Certification: Verify that the facility is licensed by the state and certified by the Centers for Medicare & Medicaid Services (CMS). This ensures compliance with federal care standards.
Review Inspection Reports: Public records, including CMS’s Nursing Home Compare tool, provide inspection histories and any violations. Look for patterns of deficiencies, not just isolated incidents. Some facilities are on the Special Focus Facility list, meaning they have a history of serious quality issues and repeated violations. These facilities are under stricter oversight due to ongoing concerns with care and safety. The CMS updates its list every few months. This is the list for July 2025.
Tour the Facility in Person: Pay attention to staff-to-patient ratios, cleanliness, and the demeanor of residents. Ask about staff turnover, high turnover can signal deeper issues.
Ask About Specialized Care: If your loved one has dementia, mobility challenges, or chronic conditions, confirm the facility has specialized programs and trained staff for those needs.
Speak with Current Residents and Families: Firsthand accounts can reveal what daily life is really like inside the home.
Step 2: Monitoring Ongoing Care and Recognizing Red Flags
Selecting a facility is only the beginning. Families must remain engaged to ensure that promised standards of care are maintained. Warning signs of neglect or abuse include:
Unexplained Injuries or Frequent Falls: Falls are among the most common causes of serious injury in nursing homes, and they are increasing. Falls often lead to fractures or traumatic brain injuries. These incidents may result from poor supervision, inadequate fall prevention measures, or unsafe facility design.
Pressure Injuries (Bedsores): Pressure injuries or ulcers, also known as bedsores, occur when residents are left in one position for too long without proper repositioning. They are preventable with attentive care and can quickly become life-threatening if infected.
Sudden Changes in Behavior: Withdrawal, fearfulness, or agitation can signal emotional abuse, neglect, or overmedication.
Poor Hygiene and Sanitation: Poor hygiene can be anything from dirty rooms, unwashed bedding, and unchanged clothing may indicate systemic neglect.
Delayed Medical Attention: Long response times to call lights or untreated medical needs are major red flags.
Step 3: Understanding Legal Rights and Liability
Under both federal and state law, nursing home residents have rights to be treated with dignity, receive appropriate medical care, and live in a safe environment. Facilities can be held legally responsible when they fail to meet these obligations.
Common legal claims in nursing home cases include:
Negligence — When staff fail to exercise reasonable care, resulting in injury.
Medical Malpractice — When licensed medical professionals within the facility provide substandard care.
Breach of Contract — When a facility fails to provide promised services in its agreement with residents.
Violation of State or Federal Regulations — Including residents’ rights laws under the Nursing Home Reform Act.
Proving these claims often requires detailed investigation, medical records review, and expert testimony — areas where experienced legal counsel is essential.
How KBD Attorneys Advocate for Nursing Home Residents
Ketterer, Browne and Davani, LLC has built a strong track record of representing victims of nursing home neglect and abuse. The firm’s approach includes:
Comprehensive Case Investigation — Reviewing facility records, staffing schedules, and prior inspection reports.
Medical Expert Collaboration — Working with physicians and nursing specialists to prove how neglect caused injuries.
Aggressive Legal Action — Filing claims for medical costs, pain and suffering, emotional distress, and wrongful death when applicable.
Accountability Beyond the Case — Pressuring facilities to improve safety practices to prevent future harm.
The firm has successfully handled cases involving severe falls, untreated pressure injuries, medication errors, and wrongful deaths — securing significant compensation for victims and their families.
Steps Families Can Take Now
To protect a loved one in a nursing home:
Visit frequently and at different times of day.
Document any injuries, changes in condition, or unsafe conditions with photos and written notes.
Keep copies of care plans, medication lists, and incident reports.
Speak directly with nurses, aides, and administrators about concerns.
If abuse or neglect is suspected, report it immediately to the state’s long-term care ombudsman and seek legal guidance.
Final Thoughts
Choosing and monitoring a nursing home is one of the most important responsibilities a family can take on, and one of the most legally complex when something goes wrong. Falls, pressure ulcers, and neglect are not inevitable consequences of aging; they are often preventable with proper care and oversight.
KBD Attorneys is committed to protecting nursing home residents’ rights and holding negligent facilities accountable. With extensive experience in personal injury, medical malpractice, and elder neglect cases, the firm has the knowledge and resources to secure justice for vulnerable individuals. Families who suspect neglect or abuse should act quickly, both to safeguard their loved one’s health and to preserve vital legal evidence.
Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!
Disclaimer:The content on According Law is for informational purposes only and should not be construed as legal advice. Always consult a qualified attorney for professional legal guidance.
