Washington Nursing Home Abuse, Neglect, Injury & Wrongful Death Lawyers

Nursing home neglect generally occurs when a facility or caregiver fails to provide the care, services, supervision, or protection a resident needs to maintain their physical or mental health.

Washington law defines neglect to include a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services necessary to maintain a vulnerable adult’s health or prevent physical or mental harm. It may also include a serious act or omission that creates a clear and present danger to the vulnerable adult’s health, welfare, or safety.

Read the complete definition in RCW 74.34.020.

Neglect may involve:

• Inadequate staffing or supervision
• Failure to follow a resident’s care plan
• Delayed medical attention
• Poor hygiene or catheter care
• Missed medications or treatments
• Failure to reposition an immobile resident
• Inadequate food, water, or feeding assistance
• Ignored calls for help
• Failure to respond to a change in condition
• Unsafe transfers or fall precautions

Neglect does not have to be intentional. A resident may be seriously harmed because staff members failed to act, failed to monitor the resident, or were not given the time, training, or resources needed to provide appropriate care.

Abuse generally involves intentional, willful, or reckless conduct that harms, intimidates, restrains, exploits, or punishes a vulnerable adult. Neglect generally involves a failure to provide necessary care or prevent avoidable harm.

Potential abuse may include:

• Hitting, pushing, shaking, or rough handling
• Improper use of restraints
• Threats, humiliation, or intimidation
• Sexual abuse
• Deliberate isolation
• Financial exploitation
• Withholding food, medication, or care as punishment

Potential neglect may include:

• Leaving a resident in soiled clothing or bedding
• Failing to treat an infection
• Ignoring a resident’s requests for help
• Failing to reposition a resident at risk for bedsores
• Allowing a resident to become dehydrated or malnourished
• Failing to provide needed supervision or mobility assistance
• Delaying emergency medical treatment

Both abuse and neglect can cause catastrophic harm, and either can lead to a legal claim.

Warning signs may include visible injuries, declining hygiene, sudden weight loss, repeated infections, unanswered calls for help, increased confusion, or an unexplained change in the resident’s physical or emotional condition.

Families should pay attention to:

• A room, bed, or bathroom that is consistently dirty
• New or worsening bedsores
• Unexplained falls, bruises, or fractures
• Strong odors or soiled clothing
• Missed bathing or grooming
• Rapid weight loss
• Increased confusion or delirium
• Frequent urinary tract infections
• Dehydration
• A sudden loss of mobility
• Fearfulness around staff
• Long response times after the call button is used
• Conflicting explanations from employees
• A resident saying their needs are being ignored
• A serious decline shortly after admission

One warning sign may have an innocent explanation. A pattern of unexplained injuries, poor care, or dismissed concerns deserves closer attention.

1. Address immediate medical needs

Call 911 or seek emergency care when your loved one appears to be in immediate danger or is experiencing a medical emergency.

Do not rely solely on the facility to act if the resident’s condition is rapidly worsening.

2. Photograph visible injuries and conditions

When it is safe and respectful to do so, photograph:

• Wounds
• Bruising
• Swelling
• Soiled bedding
• Unsafe room conditions
• Medical devices
• The progression of an injury

Include dates when possible and preserve the original files.

3. Document your concerns

Keep a written record that includes:

• What you observed
• The date and time
• Who was present
• Who you notified
• What you requested
• How the facility responded
• Whether the condition improved
• Any conflicting explanations

Save emails, text messages, voicemail messages, photographs, discharge papers, bills, care plans, and other documents.

4. Report serious concerns to Washington DSHS

Washington Residential Care Services licenses and oversees nursing facilities, assisted living facilities, adult family homes, and several other residential care settings.

If a vulnerable adult lives in a licensed long-term care facility, concerns may be reported to the Washington Department of Social and Health Services through its Complaint Resolution Unit or online reporting system.

Report concerns involving a vulnerable adult to Washington DSHS.

For immediate danger or a suspected crime, contact 911 or local law enforcement.

5. Speak with a nursing home injury attorney

Consider contacting an attorney promptly when:

• A serious injury or death has occurred
• Repeated complaints are being ignored
• The facility’s explanation does not make sense
• A wound or infection is getting worse
• The resident experienced a major unexplained decline
• You are concerned that records or video may be lost
• The facility is pressuring the family to sign documents
• You do not know who owns or controls the facility

Waiting can make an investigation more difficult. Records may become harder to obtain, employees may leave, memories may fade, and electronic information or surveillance video may no longer be available.

A nursing home investigation may involve much more than reviewing a single incident report.

Depending on the case, Bastion Law may:

• Obtain nursing home and hospital records
• Create a timeline of the resident’s condition
• Review the resident’s care plan
• Compare physician orders with the care actually provided
• Examine medication administration records
• Review fall assessments and safety precautions
• Analyze wound-care documentation
• Investigate staffing and supervision
• Review regulatory and inspection records
• Identify prior complaints or citations
• Consult physicians, nurses, or other qualified professionals
• Preserve photographs, video, and electronic records
• Investigate the facility’s ownership and management
• Determine whether corporate policies contributed to unsafe care

Nursing home ownership can be complicated. Separate entities may own the property, hold the facility license, employ the staff, manage operations, or control budgets. A meaningful investigation may therefore require looking beyond the name on the building to determine who controlled staffing, training, equipment, and care decisions.

The person legally authorized to bring the claim depends on whether the resident is living, whether the resident can make legal decisions, and whether an estate has been opened.

A living resident who has legal capacity may generally bring their own injury claim.

When a resident cannot manage the litigation because of dementia, cognitive impairment, or another condition, a legally authorized representative or court-appointed litigation guardian may be needed.

When the resident has died, the personal representative of the estate may have authority to bring a survival or wrongful-death claim.

Bastion Law can help determine who may act and whether an estate proceeding is necessary.

Compensation depends on the injuries, the applicable claims, and the losses established by the evidence.

Potential damages may include:

• Past and future medical expenses
• Hospital and rehabilitation costs
• Additional nursing or personal care
• Pain and suffering
• Emotional distress
• Disability
• Disfigurement
• Loss of mobility or independence
• Loss of enjoyment of life
• Loss of consortium
• Wrongful-death damages
• Other economic and noneconomic losses

When an injury permanently changes the resident’s needs, medical or life-care professionals may be required to evaluate future treatment, equipment, therapy, housing, and personal assistance.

The filing deadline depends on the legal claims, the type of facility, when the injury was discovered, the parties involved, and whether the case concerns health care, personal injury, vulnerable-adult neglect, or wrongful death.

Washington has a three-year limitation period for many personal injury and wrongful-death claims. Claims arising from health care may be subject to the specific deadlines and discovery provisions in RCW 4.16.350.

Do not assume that every case has the same three-year deadline. Other deadlines may apply, and waiting can jeopardize evidence even before the legal filing period expires.

Speak with an attorney as soon as reasonably possible after a serious injury or death.

No. Residents may experience illness, injury, or physical decline even when appropriate care is provided.

The relevant questions include whether the facility assessed the resident’s needs, followed the care plan, recognized changes in condition, used reasonable precautions, and responded appropriately. Medical records and qualified professional review may be needed to determine whether an injury was preventable.

No. Some residents may develop pressure injuries despite appropriate preventive measures because of serious medical conditions, poor circulation, immobility, or other risk factors.

A severe, infected, rapidly worsening, or poorly documented pressure wound should nevertheless be investigated to determine whether the resident received adequate repositioning, monitoring, nutrition, hygiene, equipment, and treatment.

Access depends on factors such as the resident’s authorization, legal capacity, power of attorney, guardianship, and estate status.

Preserve the records already in your possession. An attorney can determine what additional nursing home, hospital, pharmacy, staffing, and regulatory records should be requested.

You may report urgent concerns to DSHS, law enforcement, emergency services, or another appropriate agency without waiting to speak with a lawyer.

Reporting a facility and pursuing a civil claim are different processes. An attorney can help you understand how an agency investigation may relate to the potential legal case.

The facility’s explanation should be evaluated against the medical records, care plan, treatment notes, staffing information, photographs, and progression of the resident’s condition.

A medical professional may need to determine whether the decline was consistent with the resident’s underlying health or whether inadequate care caused or accelerated it.

Preexisting health conditions do not excuse inadequate care.

A facility must evaluate the resident’s needs and provide reasonable care based on those needs. A claim may involve a new injury or the significant worsening of an existing condition.

Potential problems include:

• Waiting too long to investigate
• Discarding records or communications
• Failing to photograph visible injuries
• Relying only on verbal explanations
• Altering photographs or electronic files
• Posting detailed allegations on social media
• Signing documents without understanding them
• Allowing evidence to be lost
• Missing a legal deadline

Preserve the available information and obtain legal advice promptly.

Bastion Law primarily evaluates cases involving serious, permanent, life-altering, or fatal harm.

Examples may include:

• A fracture requiring hospitalization
• Sepsis or septic shock
• An infected pressure wound
• Amputation
• Permanent loss of function
• A major decline from the resident’s prior condition
• A serious brain or spinal injury
• Death