Led by nursing home abuse attorney, Reza Davani, the Ketterer, Browne & Davani, LLC law firm is committed to nursing home patients and their families.
Nursing Home Attorney: Free Legal Resource Guide
This centralized resource hub serves as a comprehensive guide for anyone dealing with nursing home abuse, including victims, their families, and legal professionals. By utilizing these resources and citations, you can better understand the legal frameworks surrounding nursing home abuse and take appropriate action to protect vulnerable residents.
I. Federal Regulations & Guidelines
Code of Federal Regulations (CFR) Title 42 – Public Health
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- Section 483.13 – Resident Rights Establishes protections against abuse, neglect, and exploitation of nursing home residents. CFR 42 §483.13.
- 42 U.S.C. § 1395i-3 – Requirements for Long-Term Care Facilities Outlines the rights and responsibilities of nursing home facilities under Medicare and Medicaid programs. 42 U.S.C. § 1395i-3.
- 42 U.S.C. § 1396r – Requirements for Skilled Nursing Facilities under Medicaid Specifies standards for nursing facilities participating in Medicaid, including resident rights, staffing, and care protocols. 42 U.S.C. § 1396r.
Centers for Medicare and Medicaid Services (CMS) Nursing Home Care Guidelines
Detailed guidelines on the minimum standards of care for nursing homes receiving Medicare or Medicaid funding.
CMS Nursing Home Care Guidelines
II. State Regulations
- Maryland Code of Regulations
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COMAR 10.07.02.18G(3) mandates that nursing service personnel encourage and assist residents to change positions at least every 2 hours to stimulate circulation and prevent pressure ulcers and deformities.
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Program of Restorative Nursing Care. There shall be an active program of restorative nursing care aimed at assisting each resident to achieve and maintain the individual’s highest level of independent function, including activities of daily living. This program shall include:
- Virginia Code – Nursing Home Regulations
- Va. Code § 32.1-138.1 – Implementation of transfer and discharge policies.
- California Health and Safety Code – Nursing Home Abuse and Neglect
- Cal. Health & Safety Code § 1418.91, – California law requires nursing homes and other long-term care facilities to promptly report all suspected or alleged abuse to regulators. Failure to do so is a regulatory violation, and facilities must still comply with all other elder abuse reporting laws already in place.
- Cal. Health & Safety Code § 1418.91, – California law requires nursing homes and other long-term care facilities to promptly report all suspected or alleged abuse to regulators. Failure to do so is a regulatory violation, and facilities must still comply with all other elder abuse reporting laws already in place.
- New York Public Health Law – Nursing Home and Adult Care Facility Abuse
- N.Y. Pub. Health Law § 2801-d -creates a private right of action for nursing home residents who are deprived of their legal rights or benefits:
II. Case Law & Legal Precedents
Recent court decisions have significantly impacted nursing home litigation, reflecting ongoing legal scrutiny and enforcement of residents’ rights. Notable cases include:
Health and Hospital Corporation of Marion County v. Talevski
In June 2023, the U.S. Supreme Court ruled that nursing home residents in publicly-owned facilities can sue for violations of rights guaranteed under the Federal Nursing Home Reform Act (FNHRA). The case involved Gorgi Talevski, whose estate alleged that his rights were violated through improper chemical restraints and involuntary transfers. The Court held that FNHRA provisions create rights enforceable under 42 U.S.C. §1983, allowing residents to seek redress for violations.
Louisiana Nursing Home Settlement
In December 2024, a settlement of nearly $9 million was proposed for 427 former residents of seven Louisiana nursing homes. These residents were evacuated to a warehouse during Hurricane Ida in 2021, where conditions deteriorated rapidly, leading to multiple deaths. The settlement addresses claims of neglect and inadequate care during the evacuation.
New York Nursing Home Fraud Settlement
In November 2024, executives of Centers for Care agreed to a $45 million settlement with the New York Attorney General. They were accused of defrauding Medicare and Medicaid of $83 million and providing substandard care, including severe understaffing and neglect. The settlement includes funds allocated to improve resident care and staffing levels.
Nursing Home Verdicts
$10,000,000 Verdict (March 2025)
A Prince Georges County, Maryland Jury deliberated for 2 hours and fifteen minutes before returning the verdict, awarding $5 million dollars to the Estate of John Whalen and $2.5 million to each of his daughters, Skyla Whalen and Mia Ford for a total of $10,000,000 KBD trial lawyers Reza Davani and Lauren Henry joined by their paralegal Lisa Fisher were appreciative of the Jury’s service. Mr. John Whalen, age 60, entered the Forestville Health and Rehab facility on February 27, 2022, for what was intended to be three weeks of physical therapy after suffering a hip fracture a few weeks before. In the two weeks of Mr. Whalen’s stay in the facility, he became severely dehydrated and suffered complete organ failure and an aspiration event that developed into pneumonia. Through medical records and expert testimony, Plaintiffs were able to prove that Mr. Whalen’s dehydration was masked by the staff entering inaccurate and misleading data into the facility’s electronic medical records, not performing lab work to assess his status, and not changing the plan of care in the context of his visibly deteriorating condition.
$9,000,000 Verdict (August 2023)
A Baltimore County jury delivered a verdict of $9,045,000.00 to the estate, widow, and children of Randolph Mack. The jury found that Mr. Mack died from a painful, infected pressure injury (also known as a bedsore or pressure ulcer) caused by the negligence of Stella Maris, Inc., the second-largest nursing home in Maryland. Mr. Mack’s medical records showed that the nursing home left him on his back for many hours at a time without being repositioned, which caused the pressure injury to develop and deteriorate into a Stage IV wound (the highest stage). In Maryland, nursing home residents like Mr. Mack must be turned and repositioned at least every two hours to prevent severe, life-threatening pressure injuries like the one Mr. Mack endured.
$1,500,000 Verdict (February 2024)
In a Baltimore City nursing home negligence trial, KBD Attorneys, led by trial counsel Reza Davani and co-counsel Lauren Henry, achieved a $1.5 million verdict. The case involved a man who developed a fatal Stage 4 pressure ulcer due to the facility’s failure to provide basic care. A Baltimore City jury found the nursing home liable for negligence. Our client, Nelson Anderson, developed a stage 4 pressure ulcer above his buttocks. The nursing home staff was not regularly turning and repositioning Mr. Anderson. That prevents development of pressure wounds. Their failure caused the pressure ulcer, and ultimately, Mr. Anderson’s untimely death.
Each case is different and the past record is no assurance that the attorney will be successful in reaching a favorable result in any future case.
KBD Orders from Cases
- Motion to Compel Key Evidence:
In January 2025, KBD Attorneys secured a court order requiring the defendant, Forestville Healthcare, to produce essential hospice and palliative care policies within five days. This motion to compel was crucial in obtaining documents that could shed light on the care provided to the plaintiff’s loved one, demonstrating the firm’s commitment to thorough investigation and evidence gathering in nursing home abuse cases. KBD Attorneys
Nursing Home Abuse Prevention Resources
- National Center on Elder Abuse (NCEA)
- A comprehensive resource offering information on elder abuse prevention, including laws and policies related to nursing home care.
- A comprehensive resource offering information on elder abuse prevention, including laws and policies related to nursing home care.
- Elder Justice Act (EJA)
- Part of the Affordable Care Act, the Elder Justice Act established federal measures to prevent and address elder abuse in long-term care facilities.
- Part of the Affordable Care Act, the Elder Justice Act established federal measures to prevent and address elder abuse in long-term care facilities.
- Adult Protective Services (APS)
- State-run programs that investigate allegations of abuse, neglect, or exploitation of adults in nursing homes and other care settings.
Adult Protective Services – National
- State-run programs that investigate allegations of abuse, neglect, or exploitation of adults in nursing homes and other care settings.
Key Medical and Care Standards
- Clinical Practice Guidelines for Prevention and Treatment of Pressure Ulcers
The American Medical Directors Association (AMDA) provides clinical practice guidelines focused on preventing and treating pressure ulcers, a major indicator of nursing home abuse and neglect.
AMDA Guidelines for Pressure Ulcers - Pressure Ulcer Prevention Guidelines – National Pressure Injury Advisory Panel (NPIAP)
NPIAP offers detailed standards on preventing and managing pressure ulcers, ensuring appropriate care protocols are followed in nursing homes.
NPIAP Pressure Ulcer Guidelines
Additional Legal Resources
- National Consumer Voice for Quality Long-Term Care
- A nonprofit organization advocating for quality care and consumer rights in nursing homes, providing advocacy tools and resources for families.
National Consumer Voice
- A nonprofit organization advocating for quality care and consumer rights in nursing homes, providing advocacy tools and resources for families.
- AARP – Nursing Home Abuse and Neglect
- A comprehensive page dedicated to providing resources, articles, and information for families concerned about nursing home abuse.
AARP Nursing Home Abuse
- A comprehensive page dedicated to providing resources, articles, and information for families concerned about nursing home abuse.
Reports & Studies
- U.S. Department of Health & Human Services – Office of Inspector General Report on Nursing Home Abuse
A report detailing systemic issues in nursing home facilities, including poor care practices and abuse.
HHS Office of Inspector General Report - The Long-Term Care Ombudsman Program Annual Report
A national report that reviews complaints, investigations, and resolutions of nursing home abuse cases across the country.
Long-Term Care Ombudsman Report
KBD Nursing Home Blogs
At KBD Attorneys, we regularly publish updates on nursing home safety, staffing changes, recalls, elder-care policies, and real cases of neglect because these issues directly affect some of the most vulnerable people in our communities. Our recent blogs have covered everything from federal staffing rollbacks, to severe bed sore cases, to wrongful death investigations, to dangerous conditions arising from undertrained or overworked staff.
We stay committed to reporting on these developments because families deserve to know what’s happening behind the doors of long-term care facilities. Transparency saves lives. Accountability protects loved ones. And staying informed is the first step toward preventing neglect, abuse, and avoidable tragedy.
Nursing Home Related Blogs
Nursing Home Resident Found Dead in Summer Heat
Ohio Nursing Home Bedsore Fatality
Landmark Nursing Home Verdict in Illinois
Landmark NC Nursing Home Settlement Expands Rights for People with Substance Use Disorder
New York AG Seeks New Independent Monitor for Troubled Woodbury Nursing Home
Recalled Sprinklers Found After Gabriel House Fire
DOJ Sues ProMedica Over Substandard Nursing Home Care
$4.5M Settlement in Michigan Nursing Homes
$5.5 Million Verdict in Richton Park Nursing Home Death
Wrongful-Death Claims Against Iowa Nursing Home Operator
How Federal Changes to Nursing Home Rules Could Harm Older Adults
Understaffing in Nursing Homes – A Form of Elder Abuse
Contact Information for Legal Assistance
If you suspect nursing home abuse, contact legal professionals who specialize in elder law and nursing home litigation. Many state bar associations offer lawyer referral services to assist individuals in finding appropriate legal representation.
- National Academy of Elder Law Attorneys (NAELA)
Find an Elder Law Attorney
State Bar Association Lawyer Referral Service
Contact your state bar for local attorney referrals.
With a Maryland nursing home attorney, a Philadelphia nursing home attorney, a Pennsylvania Nursing Home Attorney, A North Carolina nursing home attorney, a Florida nursing home attorney, a Boston nursing home attorney, a Massachusetts nursing home attorney, we cover many regions. But this page is helpful for any family anywhere in the U.S.
