How to Sue a Residential Care Facility for Negligence – Circeo Law Firm

October 14, 2022 Insights

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A residential care facility is where people with mental or physical disabilities live and receive ongoing care and support services. These facilities are regulated by state and federal laws, which require them to provide a certain level of care to their residents. 

Unfortunately, not all facilities live up to these standards, and some engage in practices that can be considered negligent.

How Does Negligence Take Place in a Residential Care Facility?

1. Failing to Provide Adequate Staffing Levels

When a residential care facility does not provide adequate staffing levels, it is failing in its duty to provide residents with the care they need and deserve. This can be considered a form of negligence, as the facility is not meeting the expected basic standards of care. 

Moreover, negligence can lead to various problems for residents, including a lack of attention and care, difficulty getting help when needed, and an overall decline in health and well-being. In some cases, this can even lead to injuries or death.

2. Failing to Provide Proper Training for Staff

Failing to provide proper staff training is negligence in a residential care facility. The staff should be properly trained to give the residents the best care. If the team is not prepared correctly, they may not be able to provide the proper care for the residents. This can lead to severe problems for the residents.

3. Failing to Properly Screen and Monitor Staff

One of the essential duties of a residential care facility is to ensure the safety and well-being of the residents. To do this, they must carefully screen and monitor all staff members. This includes running background checks, keeping track of certifications and training, and ensuring that employees are up-to-date on all required vaccinations.

If negligent staff members have harmed you or a loved one at a residential care facility, you may be entitled to compensation. An experienced personal injury attorney can help you understand your rights and options.

How to Sue a Residential Care Facility for Negligence?

If you or a loved one has been injured or damaged due to someone else’s negligence at a residential care facility, you may have grounds to sue. This is especially true if the care facility knew the danger and did nothing to prevent it.

The first step in suing a care facility for negligence is verifying its awareness of the danger. This can be done by interviewing staff and reviewing records. You can also request an inspection from the state licensing agency if necessary.

If you can prove that the care facility failed to take reasonable precautions and, as a result, you or your loved ones were injured or damaged, you may be able to recover damages. This can include medical expenses, lost wages, and pain and suffering.

Next, you must file a complaint with the appropriate state agency. Once your complaint has been filed, an investigation will be conducted. If the state agency finds the facility negligent, it will take action against it. Finally, you may choose to file a lawsuit against the facility. If you win your case, you may be awarded damages.


If you or your loved one is a resident of a residential care facility and have been injured as a result of the care provided, you may be able to sue the facility for negligence. This can often result in financial compensation for your injuries and losses, including medical bills and time away from work. Contact a lawyer if you believe you have a case against the care facility.

If you are looking for an attorney for nursing home abuse, Circeo Law Firm is here to assist you. Our attorneys will fight for justice if you or a loved one has been injured due to someone else’s negligence. Get a free consultation today!