Nursing Home Negligence
Nursing Home Negligence: When Facilities Put Profit Over the People They're Paid to Protect
Nursing home abuse and neglect is one of the most underreported categories of harm in Michigan. Residents are vulnerable — physically, cognitively, and emotionally — and many cannot advocate for themselves. When families trust a facility to provide care and that facility fails, the consequences are devastating: untreated bedsores that become infected and septic, falls from inadequate supervision, medication errors, malnutrition, dehydration, and physical or sexual abuse by staff members.
At Koussan Law, I represent families whose loved ones have been harmed in Michigan nursing homes and long-term care facilities. These cases make me angry in a way that few others do — because the negligence is almost always driven by profit. Understaffing to cut costs. Hiring unqualified aides to save money. Ignoring fall risk assessments because implementing the protocols takes time. The residents pay the price.
What Michigan Law Requires of Nursing Homes
Michigan nursing homes are regulated under both federal and state law. The federal Nursing Home Reform Act (42 U.S.C. § 1396r) establishes minimum standards of care for facilities receiving Medicare and Medicaid funding — which is virtually all of them. Michigan's Public Health Code, MCL § 333.21711 et seq., imposes additional requirements including adequate staffing ratios, staff training and background check requirements, individualized care plans, and abuse and neglect reporting obligations.
Violations of these standards — documented in state inspection reports, deficiency citations, and CMS Nursing Home Compare data — provide powerful evidence of negligence. I obtain and analyze these regulatory records in every nursing home case because they often reveal a pattern of deficiencies that predates the specific harm to my client.
Common Forms of Nursing Home Negligence
The harm I see most frequently: pressure ulcers (bedsores) that develop because staff aren't repositioning immobile residents — a Stage III or IV pressure ulcer is almost always evidence of neglect. Falls from inadequate supervision, missing bed rails, or failure to implement fall prevention protocols. Medication errors — wrong dosage, wrong medication, missed doses — often caused by understaffing. Malnutrition and dehydration in residents who need assistance eating and drinking. Elopement — when a cognitively impaired resident wanders out of the facility due to inadequate security. And abuse — physical, sexual, or emotional — by staff members who were never properly screened or supervised.
Frequently Asked Questions
Q: How do I know if my loved one is being neglected in a nursing home?
Warning signs include unexplained weight loss, dehydration, new or worsening bedsores, unexplained bruises or injuries, sudden changes in behavior or mood, poor hygiene, soiled bedding, medication errors, and a reluctance to speak openly when staff are present. If something feels wrong, trust your instinct. Request the facility's care records and have them reviewed by an independent medical professional. I've taken cases that started with a family member noticing a single bruise — and investigation revealed systemic neglect.
Q: Can I sue a nursing home for negligence in Michigan?
Yes. You can bring claims under general negligence theories, and in cases of death, under Michigan's wrongful death statute MCL § 600.2922. Federal regulations create the standard of care, and violations of those regulations are evidence of breach. Some cases also support claims under Michigan's consumer protection statute. The facility's insurance and the corporate structure of the ownership group determine the available sources of recovery.
Q: What is the statute of limitations for nursing home negligence?
Three years from the date of harm under MCL § 600.5805 for most negligence claims. If the negligence caused death, the wrongful death statute of limitations is three years from the date of death. If the facility is operated by or affiliated with a government entity, the 120-day notice requirement under MCL § 691.1404 may apply. In cases involving ongoing neglect, determining when the clock starts can be complex — contact an attorney as soon as you suspect a problem.
Q: Will the nursing home retaliate against my family member if I complain or file a lawsuit?
Federal law prohibits retaliation against residents or their families for filing complaints or exercising their rights. Under 42 CFR § 483.10(j), a facility cannot discharge or transfer a resident in retaliation for complaints. In practice, I take steps to protect my clients from any retaliation, including documenting the resident's condition before filing, maintaining close communication with the family, and reporting any suspicious changes in care to regulatory authorities immediately.
