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Defense Strategies Used by Nursing Homes in Abuse Lawsuits

An elderly woman gazes out of a window, her face illuminated by soft light, with a reflective and contemplative expression. The image is painted with an artistic brushstroke style, adding depth and emotion.

When residents are the victims of nursing home abuse, they and their families have the right to take legal action to hold negligent facilities accountable. Recognizing the warning signs—such as unexplained injuries, emotional withdrawal, or poor hygiene—is often the first step in protecting a loved one. However, the legal process can be complex and contentious. One big reason is that nursing homes often deploy aggressive legal strategies to avoid liability.

Here are some common defense strategies used by nursing homes in abuse lawsuits, along with ways an experienced nursing home abuse attorney can fight back.

“The facility was compliant with licensing standards.”

Nursing homes often argue that they complied with all state and federal licensing standards, claiming this proves no abuse occurred. However, an experienced nursing home abuse attorney can uncover gaps in their compliance.

Attorneys gather critical evidence, including inspection reports, medical records, and staff training documentation, to build a strong case. By consulting healthcare experts and establishing a clear timeline of neglect or abuse, they can counter even the most aggressive defense strategies. This approach ensures that the case is backed by clear, convincing evidence.

”The resident had a pre-existing condition.”

Nursing homes may argue that the resident’s injuries or deteriorating health resulted from a pre-existing medical condition rather than abuse or neglect. This defense aims to disconnect the nursing home’s actions (or lack thereof) from the harm experienced by the resident.

An attorney can work with medical experts to review the resident’s health records and gather evidence to establish a timeline showing how the nursing home’s actions directly worsened the condition or caused additional harm.

The nursing home resident was negligent.”

Nursing homes may argue that the resident contributed to their own injuries through negligence. For example, they might claim the resident refused care, acted recklessly, or failed to follow safety protocols.

An attorney can demonstrate that the resident lacked the mental or physical capacity to be held responsible for their actions, such as in cases involving dementia or mobility impairments. They can also argue that the nursing home staff had a duty to anticipate risks and take reasonable measures to prevent harm, regardless of the resident’s actions.

“The statute of limitations has expired.”

Nursing homes may argue that the lawsuit was filed after the statute of limitations expired. In Illinois, the statute of limitations for filing a nursing home abuse lawsuit is generally two years from the date the injury occurred or was discovered. This means that legal action must be initiated within this timeframe to seek compensation for damages.

An attorney can argue that the statute of limitations should begin when the abuse or neglect was discovered (or reasonably could have been discovered), not when it occurred. If the nursing home attempted to hide evidence of abuse, an attorney can seek to toll (pause) the statute of limitations, extending the timeframe to file the lawsuit.

Delay, delay, delay.

Nursing homes may intentionally delay proceedings to frustrate plaintiffs, hoping they’ll drop the case or settle for less out of desperation. Tactics include filing unnecessary motions, requesting continuances, or failing to respond promptly to discovery requests.

An attorney can file motions to compel discovery or request sanctions against the nursing home for stalling. They will also meet all deadlines to ensure the case moves forward efficiently.

Contact an experienced nursing home abuse attorney

If your loved one was harmed due to abuse in a nursing home, it’s important to get legal advice as soon as possible. The Chicago nursing home negligence attorneys at Ferrell Young, LLC are ready to fight for your loved one’s rights. We are familiar with the defense strategies nursing homes use. Our attorneys build strong cases that get results.

Learn more about how we can help. Contact an experienced nursing home abuse attorney in Chicago at Ferrell Young, LLC, today to protect your loved one’s rights and pursue justice.

“They were honest, patient and showed great attention to detail by thoroughly investigating all aspects of my case, as well as explaining the likely outcomes. Their integrity is beyond repute! Thanks again for all the help.” – Kelly R.
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