Did a facility let someone you love get hurt?
When nursing homes, group homes and detention centers fail to keep people safe, families are left devastated. Many families feel paralyzed. They don’t know what to do:
- Who is responsible
- What they can actually do about it
Here’s the good news:
When your report becomes a substantiated abuse claim, you have legal options. Some of them can target the entire facility — not just the individual perpetrator.
Let’s break it down…
Here’s what’s inside:
- What Is a Substantiated Abuse Allegation?
- Why The Facility Can Be Held Responsible
- 5x Legal Options When a Facility Fails
- How To Build a Strong Case
What Is a Substantiated Abuse Allegation?
A confirmed abuse allegation is an allegation of abuse that has been investigated and found to be true.
In simple terms? Someone checked the facts… And the facts backed up the claim.
That’s important. Once something is confirmed, you have evidence from an official source and that makes it harder for a facility to sweep it under the rug.
And these are just the reported cases. Juvenile justice facilities saw 3,740 abuse complaints filed with officials in 2016 — and 738 were substantiated upon review.
That’s hundreds of confirmed cases in a single year.
Why The Facility Can Be Held Responsible
Here’s something most families don’t realise…
You can sue the staff member who injured you. However, you can also sue the facility itself. A nursing home has a duty to care for its residents. If it breaches that duty, you can take legal action.
Unfortunately, this also holds true for juveniles in custody. According to the Bureau of Justice Statistics, there were 657 victims of staff sexual abuse at juvenile facilities from 2013-2018. In situations where a youth detention center employee is the subject of a substantiated abuse claim, victims’ family members may have a legitimate claim. If your child experienced juvenile detention abuse, the fact that it was substantiated can be used as evidence against the facility that allowed it to occur.
It works the same way with elder care. Nursing home abuse citations doubled in five years, federal auditors reported, and staff were frequently the perpetrators.
Bottom line: facilities decide who they hire, how they train and who supervises residents. Therefore they are liable.
5x Legal Options When a Facility Fails
Each situation is unique. However most families will have at least one of these options available to them.
Civil Lawsuit for Negligence
This is the most common path.
A negligence claim alleges that the facility failed to use reasonable care to protect someone. Perhaps there were insufficient staff on duty. Perhaps no one checked on residents during the night.
If you win, the facility may have to pay for:
- Medical bills and therapy
- Pain and suffering
- Emotional trauma
In the worst cases, families can also file a wrongful death claim.
Negligent Hiring and Supervision Claims
Did the facility hire someone with a history of abuse?
Did it ignore warning signs?
Then it may be liable.
Facilities should screen and monitor their employees. When they fail to do those things, they set themselves up for injury — and litigation.
Civil Rights Claims
Government facilities include some jails, juvenile facilities and state hospitals.
When a government agency is deemed to have exhibited “deliberate indifference” to someone’s safety another may be allowed to sue that agency in federal court for civil rights violations. Many of these cases are filed under legislation commonly referred to as Section 1983.
They can be complicated. However, they can also result in significant operational changes within a facility.
Complaints to State Regulators
Not every option happens in a courtroom.
You can report the facility to the state agency that licenses it. Regulators can:
- Inspect the facility
- Issue fines
- Suspend or take away its license
A regulatory finding doesn’t usually award you any money. However, it does create an official record. That record can help substantially with your civil suit.
Criminal Charges
Abuse is often a crime.
Prosecutors can file charges against the individual who inflicted the abuse. In certain circumstances, facility leaders who concealed abuse can be charged as well.
A criminal case and civil case are different. You can file both simultaneously.
How To Build a Strong Case
Having legal options is one thing. Using them well is another.
Here’s the thing: the families who get results usually move fast and stay organised.
Obtain a copy of the investigative report confirming the abuse. This report can be the foundation of your case. Gather medical records, photographs and any correspondence from the facility.
Write down everything you can remember. Dates, names, what staff told you. Memory fades fast, do this sooner rather than later.
Deadlines are also important. Every state has what’s called a statute of limitations that puts a time limit on when you can file. Several states have extended the statute of limitations for childhood sexual abuse, but they differ dramatically from state to state.
Lastly, talk to an attorney who specializes in institutional abuse. Most will offer a free consultation. Many will only collect their fee if you win your case.
It really is that simple to get started.
Holding Facilities Accountable: The Takeaway
If your nursing home doesn’t keep residents safe, you have power. With a proven abuse claim, you have evidence. And with evidence, you can take action.
To quickly recap, your main options are:
- A civil negligence lawsuit
- A negligent hiring or supervision claim
- A civil rights claim (for government facilities)
- A complaint to state regulators
- Criminal charges against the abuser
The vast majority of families practice more than one of these. Every prevention method used helps create pressure on the facility and prevent the same thing from occurring to another.
Get the report. Gather your evidence. Talk to a lawyer.
And don’t wait too long — the clock is already ticking.
Frequently Asked Questions
What does substantiated mean in an abuse case?
It means that investigators substantiated the report, they found there was sufficient evidence that the abuse occurred.
Can you sue if the allegation was not substantiated?
Sure. Pending verification does not prohibit you from filing a claim. It simply means you may have to rely more heavily on other evidence.
Who pays damages in a facility abuse case?
Usually the facility or its insurance company pays, not just the individual staff member.
How long does a facility abuse case take?
Every situation is different. Some cases settle within a couple of months. Others can take years, especially if the facility litigates the claim.
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