Nursing Home Negligence

At Oatley Vigmond, we understand the trust placed by families in nursing homes to care for and ensure the safety of elderly loved ones. This trust represents an expectation from care facilities to not only meet basic needs but also create a safe, respectful, and dignified environment to honour vulnerable elders. When a nursing home violates this commitment through negligence or abuse of caregiving responsibilities, this may severely undermine the physical and mental health, dignity, and wellbeing of residents, resulting in significant and long-lasting harm.  Our Nursing Home Negligence Lawyers are dedicated to holding these facilities accountable and seeking justice for affected families.

Signs of Nursing Home Negligence

Physical Indicators:

Unexplained bruises, cuts, or abrasions;

Pressure sores (bedsores), especially in advanced stages;

Frequent falls or injuries;

Physical evidence of restraint, such as wrist and ankle marks;

Dehydration or malnutrition symptoms;

Unexplained fractures or sprains; and

Infections, especially recurring ones.

Hygiene Neglect:

Unchanged or soiled clothing;

Strong odours of urine or feces;

Unkempt appearance (e.g., unwashed hair, unclipped nails);

Untreated dental issues;

Severe bedsores, indicating a lack of regular repositioning;

Dirty bedding or living spaces and

Lack of assistance with basic hygiene tasks.

Behavioural Changes:

Sudden weight loss or gain;

Withdrawal from activities they previously enjoyed;

Increased anxiety, agitation, or aggression;

Signs of depression or apathy;

Unusual fear or anxiety around specific staff members;

Sleep disturbances;

Confusion or disorientation beyond their usual state and

Reluctance to speak in front of staff. 

Environmental Neglect:

Unsafe living conditions (e.g., tripping hazards, faulty equipment);

Unsanitary conditions in common areas or resident rooms;

Lack of proper lighting or ventilation;

Inappropriate room temperature (too hot or cold);

Presence of pests or vermin;

Malfunctioning call buttons or safety equipment; and

Inadequate security measures.

Medication Errors:

Over-sedation or under-medication;

Missed doses or incorrect administration times; and

Use of chemical restraints without proper authorization.

Emotional or Psychological Signs:

Unusual silence or fear when certain staff members are present;

Signs of emotional distress or trauma; and

Isolation from other residents or activities.

Staff Behaviour:

Inadequate response times to calls for assistance;

Rough handling of residents;

Ignoring residents’ requests or needs; and

Understaffing or high staff turnover.


Nutritional Neglect:

Unexplained weight loss;

Signs of dehydration;

Complaints about hunger or thirst and  

Lack of assistance during meals for those who need it.

Medical Neglect:

Worsening of chronic conditions;

Delays in seeking medical attention for acute issues and

Failure to follow prescribed treatments or therapy plans.

Financial Exploitation:

Unexplained changes in financial situation;

Missing personal belongings and

Unusual financial transactions or changes in wills/power of attorney.

Can You Sue a Nursing Home for Neglect in Ontario?

In Ontario, long-term care homes have to abide by the Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1 (the “FLTCA”). Before filing a lawsuit, consider submitting a complaint to the Ministry of Long-Term Care for investigation. To make a complaint under the FLTCA, you must gather documentation and evidence of neglect, such as medical records and photographs. Consult with our Nursing Home Negligence Lawyer to assess the strength of your case and guide you through the legal process. 

If your issue remains unresolved, we will help you file a Statement of Claim against the nursing home, initiating the litigation process. This involves discovery, mediation, and possibly a trial. Resolving the case may result in a settlement or court judgment awarding damages for the harm suffered. Prompt action is essential due to time limits on filing lawsuits.

What is the FLTCA?

The FLTCA imposes stringent obligations on long-term care homes to meet high standards of care, thereby facilitating better conditions for residents while simplifying oversight and enforcement mechanisms. Under this legislation, liability for noncompliance with standards set in long-term care homes is strict – regardless of intent or negligence in failing to meet them. This ensures more straightforward regulatory enforcement as well as providing residents and their families with better avenues for expressing grievances related to care. Ultimately, this Act ensures its focus remains on maintaining and improving care quality within facilities, thus reflecting an emphasis on safeguarding elderly and vulnerable people’s welfare within long-term residential settings.

FLTCA Key Points:

Strengthens enforcement: The Act introduces more severe consequences for non-compliance. Fines for individuals can now reach up to $500,000 for a first offence and $1,000,000 for subsequent offences. For corporations, fines can be up to $1,000,000 for a first offence and $5,000,000 for subsequent offences. The Act also allows for more immediate actions, including suspending a license without a hearing in urgent situations.

Enhances accountability: The FLTCA establishes clearer and more rigorous standards for long-term care homes. It requires homes to have detailed plans for infection prevention and control, emergency preparedness, and quality improvement. There’s also a stronger emphasis on financial accountability, with more detailed reporting requirements and increased scrutiny of financial transactions.

Improves quality of care: The Act mandates a significant increase in direct care hours. By 2025, homes must provide an average of four hours of direct care per resident per day, including care from nurses and personal support workers. The FLTCA also emphasizes the importance of allied health professionals like physiotherapists and social workers in providing comprehensive care.

Focuses on resident-centred care: The FLTCA reinforces and expands residents’ rights. It emphasizes the right to participate in care decisions, maintain privacy, and live in a safe and comfortable environment. The FLTCA also strengthens protections against abuse and neglect and enhances the role of Residents’ Councils and Family Councils in decision-making processes.

Addresses staffing issues: To tackle chronic staffing shortages, the FLTCA includes measures to improve working conditions and create more full-time positions. It also supports staff’s ongoing training and professional development. The FLTCA recognizes the need for a stable workforce to provide consistent, high-quality care.

Modernized inspection system: The new proactive inspection program aims to identify issues before they become serious problems. Inspectors are given more powers, including the ability to conduct interviews and examine electronic records. The FLTCA also introduces a new regime for administrative penalties to address non-compliance more efficiently.

Promotes development: The FLTCA includes provisions to streamline the process of building new long-term care homes and renovating existing ones. It introduces more flexibility in design standards to allow for innovative care models. The FLTCA also emphasizes the need for homes that can serve specific cultural or linguistic communities.

Cultural sensitivity: The FLTCA recognizes the importance of culturally appropriate care, particularly for Indigenous and Francophone communities. It includes provisions for specialized programs and services that respect cultural traditions and practices. The FLTCA also encourages the development of homes that can provide care in residents’ preferred languages.

How Is Pain and Suffering Calculated in Ontario?

Calculating compensation for pain and suffering requires careful thought, so consulting an experienced nursing home abuse & neglect lawyer to guide the process can be crucial. Oatley Vigmond’s Nursing Home Negligence Lawyers assess various aspects, including severity and duration of pain experienced, how it impacts daily activities and relationships, as well as medical professional insight to come up with an adequate sum for compensation to accurately reflect both the physical and emotional effects of an injury.

Even though the calculation of pain and suffering damages is a complex process that doesn’t follow a strict formula, there are some key principles and factors that courts consider:

1. Cap on damages: In 1978, the Supreme Court of Canada released the “damages trilogy” of cases which established a cap on pain and suffering damages. In Andrews v Grand & Toy Alberta Ltd, [1978] 2 SCR 229, the Supreme Court held that the cap for damages for non-pecuniary losses such as pain and suffering was $100,000. Adjusted for inflation, this cap is currently around $440,000 (as of 2024). This cap applies to the most severe cases.
2. Factors considered: Courts typically consider several factors when assessing pain and suffering damages, including:
   • Age of the plaintiff;
   • Nature and severity of the injury;
   • Duration and frequency of pain;
   • Disability resulting from the injury;
   • Emotional suffering and loss of enjoyment of life;
   • Impairment of family, marital, and social relationships;
   • Impairment of physical and mental abilities; and
   • Loss of lifestyle.
     
3. Precedent cases: Courts often look at previous similar cases to determine an appropriate range for damages. This helps ensure some consistency in awards across similar situations.
4. Individual circumstances: While precedents are important, each case is ultimately judged on its own merits and the specific circumstances of the plaintiff.
5. Objective and subjective elements: The assessment includes both objective elements (e.g., the nature of the injury) and subjective elements (e.g., how the specific plaintiff experiences the pain).
6. Deductible: In many cases, there’s a statutory deductible applied to pain and suffering damages. As of 2024, this deductible is approximately $46,000 for damages under about $153,000.

Inadequate Staffing Levels

According to section 21 of the FLTCA, long-term care homes must ensure minimum staffing levels for quality care delivery and supervision. Failing to comply can result in charges, emphasizing the importance of sufficient staffing levels as necessary.

Here are some key points regarding inadequate staffing levels in the FLTCA:

1. Legal requirement: Section 21 of the FLTCA mandates minimum staffing levels in long-term care homes.
2. Direct care target: 4 hours of daily direct care per resident by 2025, phased in gradually.
3. Allied health professionals: 36 minutes of care per resident daily by 2025.
4. Quality focus: Adequate staffing is linked to improved care quality.
5. Enforcement: Non-compliance can result in penalties, including fines and license revocation.
6. Reporting: Homes must regularly report on staffing levels.
7. Flexibility: Some adaptability allowed based on individual home circumstances.
8. Workforce implications: Significant impact on recruitment and retention strategies.
9. Financial considerations: Requires investment from both homes and government.
10. Ongoing assessment: Continuous evaluation of staffing requirements.

Failure to Meet Care Standards

Under section 6 of the FLTCA, all long-term care facilities must abide by specified care standards and routines, which may result in penalties for noncompliance or actions that compromise residents’ health and safety. This provision not only penalizes noncompliance but also ensures residents enjoy optimal quality of life through stringent care protocols.

Enforcement measures aim not only to punish but also prevent future offences while creating a safe and nurturing environment for long-term care residents.

Here are some key points regarding section 6 of the FLTCA:

1. Palliative care philosophy: Requires long-term care homes to provide care and services based on a palliative care philosophy.
2. Comprehensive approach: Applies to all residents, not just those at end-of-life.
3. Quality of life focus: Emphasizes improving quality of life and relieving suffering.
4. Integration: Palliative care approach to be integrated into all care services.
5. Individualized care: Tailored to each resident’s needs and preferences.
6. Staff training: Mandates ongoing education for staff in palliative care principles.
7. Advance care planning: Encourages discussions about end-of-life wishes with residents and families.
8. Pain and symptom management: Emphasizes effective management as a key component.
9. Psychosocial support: Includes emotional and spiritual support for residents and families.
10. Collaborative care: Promotes teamwork among various healthcare providers.

Our Nursing Home Negligence Law Firm’s Legal Approach

At Oatley Vigmond, our approach to nursing home negligence and abuse cases relies upon meticulous evidence-collection procedures, careful case preparation processes, and compassionate interactions with our clients. At our nursing home negligence law firm, we perform meticulous reviews of medical records and consult extensively with medical experts in order to fully particularize any claims of negligence or abuse, gathering eyewitness accounts that provide additional evidence-based support for our clients. Our goal is not only to address individual cases of neglect and abuse but also to create a framework to prevent future ones. This approach highlights our dedication to upholding the dignity and rights of elderly individuals while ensuring they receive high-quality care.

No Win, No Fee Assurance

As legal disputes can put immense financial pressure on families, we operate under a contingency fee model. This means there will be no upfront payments made, and our payment depends on successfully reaching a settlement or court award agreement for our client.

Take Action with Oatley Vigmond

If you suspect a loved one has been the subject of nursing home negligence, acting quickly to defend their rights and wellbeing is critical to ensure justice is served. Our expert team will guide and support you through this difficult time to help bring justice.