Average Nursing Home Neglect Settlement in California

Do you believe a loved one has been neglected or mistreated in a nursing home? According to the World Health Organization, nearly two-thirds of staff in long-term care facilities admit to abusing residents in the past year. When trusted care facilities fail to meet basic standards, families are left with heartbreak and serious questions. In these situations, nursing homes can and should be held legally responsible.

Nursing home neglect lawsuits not only help protect loved ones but can also provide the compensation they need for medical care, pain, and emotional suffering. Understanding the average California nursing home neglect settlement can give you a better sense of what to expect if you decide to take legal action.

Whether your case involves emotional abuse, medical neglect, or unsafe living conditions, a San Diego nursing home abuse attorney can help you pursue justice. Here's what you need to know about pursuing a nursing home abuse case and the average nursing home neglect settlement in California.

How Much Can You Sue a Nursing Home for Negligence?

When a vulnerable resident is neglected, they may suffer not only pain and anguish but also physical deterioration, hospitalization, and even premature death. Nursing home abuse laws in California allow victims and their families to hold negligent facilities and abusive staff accountable through a nursing home abuse lawsuit.

A nursing home negligence settlement doesn't just hold the facility accountable; it allows victims and their families to recover compensation for the pain, medical bills, and the quality of care they deserve.

Understanding how much nursing home abuse and neglect cases are worth is complicated, however. Depending on the severity of the neglect or abuse, the injuries sustained, and much more, the average nursing home neglect settlement can range from under $50,000 to several million.

What Is the Average Nursing Home Neglect Settlement?

This question is impossible to answer as it's based on a wide range of factors highly unique to the individual case. It also depends on whether the case actually settles or proceeds to a jury trial.

A settlement happens when both sides agree to resolve the case outside of court. This can happen before a nursing home lawsuit is filed or at almost any stage after the case is filed with the court. If a settlement isn't reached, a jury will hear the case, which can issue a verdict if it agrees with the plaintiff's case.

The vast majority of cases settle outside of court. Only jury verdicts are public record in California; settlements are private and confidential. This means no statistics tell us the average nursing home neglect settlement.

However, there are some figures that can shed light on the potential value of your case. In 2003, a study published in Health Affairs found an average nursing home settlement of $406,000. This was the average for cases that proceeded to a jury verdict. That's $605,300 now, after accounting for inflation.

This is only an average of jury verdicts, not settlements. Because every case is unique, it's important to remember that some cases are worth millions, while others are worth less than $100,000.

Average Nursing Home Neglect Settlement Amounts We Have Achieved

Past results are no indication of future results or how much your case may be worth. Still, you may find it helpful to see real-world case results to better understand the average nursing home neglect settlement. Here are settlements and verdicts achieved by the San Diego nursing home lawyers at Berman & Riedel, LLP.

• $4.25 million: A nursing home abuse case in which a client suffered serious injuries when staff knowingly disregarded the resident's needs due to nursing home understaffing.
• $1.175 million: An elderly patient was left unattended in the restroom and fell, fracturing their hip. The nurse on duty failed to report the incident and attempted to cover up the injury.
• $1 million: A nursing home resident developed skin ulcers and gangrene, which were left untreated.
• $1 million: A 92-year-old man was admitted to the hospital for dehydration, malnutrition, muscle wasting, and live insect activity in his eyes after just three months of living in a facility.
• $275,000: An 82-year-old was dropped by unsupervised, untrained, and inexperienced staff members during a transfer and suffered a fractured femur. She required surgery and transfer to a rehabilitation facility, where she developed severe bedsores and infection, requiring additional surgeries to treat.

You can see additional nursing home abuse and neglect case results.

Average Nursing Home Wrongful Death Settlements

The average settlement for nursing home wrongful death can range from $250,000 to over $1 million, depending on the facts of the case. The average nursing home neglect settlement is usually highest for cases involving the wrongful death of a resident due to the severity of the outcome and the emotional toll on surviving family members.

Wrongful Death Nursing Home Settlement Amounts We Have Achieved

The case results we have achieved show there is no average nursing home neglect settlement you can expect, even when it comes to nursing home abuse cases involving wrongful death.

• $1.21 million: A resident was left unattended despite several previous falls and died from fall injuries.
• $1.125 million: Two patients died soon after being admitted to a long-term acute care facility. One patient died after going into cardiac arrest when no one at the facility was trained in CPR or Advanced Life Support. The other patient died because their catheter, which should have been changed every 48 hours, was not checked for 10 days, causing sepsis.
• $910,000: A resident died after she was not given life-sustaining medication for 26 days.
• $600,000: Wrongful death of an 83-year-old resident from urosepsis caused by failure to properly care for an indwelling catheter.
• $375,000: A 78-year-old resident died after losing 25 pounds over just seven days. The facility contended it was due to medical complications.
• $350,000: A patient died following severe neglect after injection medication was improperly administered repeatedly, despite staff noting evidence of improper injection. The resident died after prolonged internal bleeding.
• $300,000: A 90-year-old patient died after developing severe bed sores that exposed bone.

Largest California Nursing Home Settlement Amounts

Some nursing home lawsuits result in multi-million-dollar settlements or verdicts. Here are some examples of cases that far exceed the average nursing home neglect settlement.

• $677 million: Verdict against a California chain in a class action for understaffing at multiple facilities. Later reduced to $50 million in settlement.
• $42.5 million: Record-setting wrongful death verdict after a 77-year-old woman died after she was administered Ativan without doctor's authorization in a Sacramento assisted living facility. This was linked to the fatal pneumonia she developed.
• $7.6 million: Verdict against a facility for neglect and rights violations that led to severe bedsores and disrupted cancer treatment. The case involved falsified records and understaffing.
• $5 million: Resident developed stage 4 pressure ulcers and died from sepsis at a Los Angeles-area facility. Internal staffing records showed falsified care logs and chronic understaffing.

Understanding Compensation in the Average California Nursing Home Neglect Settlement

To better understand how nursing home lawsuit settlements are calculated, the first step is understanding the types of financial compensation you can recover.

There are three broad types of damages in a nursing home abuse case. The average nursing home neglect settlement includes compensatory damages, which include economic and non-economic losses. If your case goes to trial, you may be entitled to punitive damages. Cases involving wrongful death may be eligible for additional forms of compensation.

A personal injury lawyer can help you understand the types of compensation you may be entitled to recover in your case.

Economic Damages

This refers to the financial losses the victim and/or family suffered as a result of the nursing home's negligence. It may include compensation for:

• Cost to change nursing homes or facilities
• Medical expenses such as hospitalization, doctor visits, medication, medical devices, and more
• Counseling
• Physical therapy
• Other financial costs incurred as a result of the victim's injuries

In some cases, economic damages account for the bulk of the case's value. However, they are often only a small share of the total settlement amount when negligence results in serious injuries.

Non-Economic Damages

This refers to the emotional, psychological, and physical toll of the victim's injuries. The harm suffered from neglect or abuse can include psychological and emotional distress, turmoil, despair, physical pain and suffering, and reduced quality of life.

Punitive Damages

With clear evidence of malice, fraud, or oppression, a jury may award a plaintiff punitive damages. These damages do not compensate for any losses. Instead, they punish the defendant for egregious conduct. The more heinous the behavior, the higher the punitive damages are likely to be.

To recover punitive damages, your case must show convincing evidence of one or more of the following.

• Malice, or willful, conscious disregard for the safety, health, and rights of others.
• Fraud. This may include making false statements to family members or failing to disclose major deficiencies.
• Oppression. This can happen when the facility knows that the resident's rights are being disregarded.

Wrongful Death Damages

When negligence leads to a wrongful death, family members can seek nursing home compensation through a wrongful death lawsuit and/or survival action. In California, family members cannot recover punitive damages or pain and suffering in a wrongful death claim. However, a survival action can allow families to recover the same damages their loved one could have recovered in a personal injury lawsuit. This can sometimes include punitive damages.

Nursing home wrongful death settlements can include compensation for funeral and burial costs, financial support the decedent would have provided, and loss of guidance, affection, and companionship.

Factors That Affect Nursing Home Abuse Settlements

Many factors are considered when negotiating a settlement or when a jury is deciding a financial award for elder abuse. This is why it's impossible to rely on average nursing home settlement amounts to estimate what your case may be worth.

The following are some of the most important factors that influence the average nursing home neglect settlement or jury award.

Type and Severity of Injury

The type and severity of injuries have a major impact on the average nursing home neglect settlement you can expect. Severe injuries are usually assigned a higher value than minor injuries that heal within months. Average nursing home wrongful death settlements are usually higher than settlements for injuries from which the victim is able to recover.

Still, these are only guidelines. The average bedsore settlement may not be as high as the typical settlement for wrongful death, but it depends on the case. A wrongful death claim may be worth less than $100,000 depending on the victim's age, overall health, and evidence. Bedsores from neglect can be worth more than $1 million if it was the result of gross neglect, for instance, or if the victim suffered significant pain, disfigurement, and complications.

Duration and Severity of Neglect

The severity and duration of abuse or neglect can influence nursing home neglect settlement amounts. The longer the neglect lasted and the greater the emotional trauma and/or physical pain, the higher the damages are likely to be. This is because it demonstrates systemic failures or callous disregard.

For example:

• Malnutrition and dehydration - How long did these conditions go unmanaged? When should the facility have identified risk factors? How quickly did the condition worsen?
• Falls that lead to fractures, brain injuries, and other serious injuries - Was a resident left alone? How long were they alone before they fell? Were they discovered and treated quickly?
• Bedsores - Pressure ulcers can begin quickly, but stage three and stage four bedsores are "never events." The average nursing home neglect settlement will likely be higher when bedsores are advanced due to neglect and lack of care.
• Elopement - How long was the resident unattended, and how quickly was the elopement discovered and reported?
• Infections such as MRSA and sepsis caused by neglect - How long did the underlying condition go on untreated before the patient developed an infection? How quickly was it diagnosed and treated?

Facility's Conduct & History of Abuse or Neglect Claims

The insurance company and/or the jury will consider the facility's conduct that led to the victim's injuries and the form of negligence to determine how much should be awarded in a successful claim. A nursing home abuse settlement may be higher if the facility has a history of serious violations, especially if they are the same type of violations that caused your loved one's accident. Settlement amounts also tend to be higher when behavior is intentional, egregious, or fraudulent.

With evidence of fraud or deceit, oppression or disregard of your loved one's rights, and/or willful disregard for your loved one's life and safety, the jury can award punitive damages. This can significantly increase the value of your case. Clear evidence of malicious or reckless conduct also allows for enhanced penalties under California's Elder Abuse Act.

Strength of Evidence

However, the stronger the evidence proving your case, the more your case may be worth. During negotiations, the insurance company will consider whether you have a strong case and a good chance of winning at trial. The average nursing home neglect settlement is higher in cases with strong evidence because the insurance company or negligent facility does not want to risk a potentially higher jury award.

Your attorney can help you build a strong case by gathering evidence like photos, medical records detailing the medical treatment that was needed, maintenance records, and expert testimony.

Insurance Coverage

It's common to see headlines in which victims or surviving family members are awarded multi-million-dollar jury awards. It's crucial to remember that you will not necessarily recover what a jury awards, particularly with high-value cases. This is because the facility is covered by an insurance policy with coverage limits. Damages exceeding the policy limits can be difficult to recover.

California AB 1523 requires a Residential Board and Care Facility for the Elderly (RCFEs), or an assisted living facility, to carry minimum liability insurance of $1 million per occurrence and $3 million in annual aggregate coverage for injuries to residents. This requirement was only enacted in 2015. The average general liability insurance coverage for a Skilled Nursing Facility (SNF) in California is $1 million per occurrence/$2 million per year. Learn about the differences between SNFs and RCFEs here.

If the facility doesn't have enough coverage to pay a jury award or your full damages, they may simply file for bankruptcy and leave you empty-handed.

Nursing Home Negligence Settlements FAQs

What Is the Average Settlement for Nursing Home Neglect?

As a general rule, nursing home settlement amounts range from under $100,000 for cases involving minor neglect to $2 million or more in cases involving clear evidence of serious failures, intentional misconduct, or wrongful death. The average nursing home neglect settlement in California is about $400,000 to $600,000.

What Is the Largest Nursing Home Settlement?

In 2010, a jury awarded a record $677 million verdict against Skilled Healthcare Group in a class-action case alleging understaffing at 22 facilities in California in violation of California law. This is the largest verdict ever against a nursing home chain in the United States. It included $58 million in restitution and $619 million for health code violations.

A lesser settlement of $50 million was reached later.

How Long Does the Average Nursing Home Neglect Settlement Take?

How long it takes to reach a nursing home settlement depends on the case. It usually takes several months or up to a year to reach a settlement in nursing home neglect cases, but some cases may take up to two years or longer when the facts are disputed.

Who Can Pursue Nursing Home Abuse Compensation?

People eligible to seek nursing home settlements include:

• The injured nursing home resident, if they have the mental capacity
• The victim's spouse
• The victim's children, dependents, or other family members
• The victim's legal representative, such as someone with power of attorney
• The representative of the victim's estate

Contact Berman & Riedel, LLP to Discuss Your Case With Our Nursing Home Lawyers

If your loved one suffered nursing home abuse or neglect, you deserve answers and experienced legal guidance. While it's difficult to pinpoint an average nursing home neglect settlement, understanding your legal options is the first step toward justice. Every case is different, and the best way to estimate the value of your claim is to speak directly with a skilled attorney.

At Berman & Riedel, LLP, we have a proven track record of representing nursing home residents and their families in complex California nursing home litigation. Our legal team is known for its deep understanding of the legal process and dedication to holding negligent facilities accountable.

Contact our law office today for a free consultation with a respected San Diego nursing home abuse lawyer. We're here to help you pursue legal action, protect your loved one's legacy, and fight for the compensation your family deserves.