When you entrust a nursing home with the care of your loved one, you expect compassion, professionalism, and safety. Sadly, this isn’t always the reality. If a nursing home's actions—or lack of action—cause emotional distress, you might wonder if you have legal options. The short answer is yes, it’s possible to sue a nursing home for emotional distress. However, understanding the legal grounds and process is essential.
What Is Emotional Distress, Legally Speaking?
“Emotional distress” refers to significant mental suffering caused by another party's negligence, misconduct, or intentional behavior. This can manifest in various ways, from anxiety and depression to PTSD (post-traumatic stress disorder) or insomnia. But it isn’t just about feeling upset; in legal terms, emotional distress must typically be severe enough to disrupt a person’s daily life.
When it comes to nursing home care, emotional distress often results from cases of abuse, neglect, or exploitation. Examples include verbal abuse by staff members, neglect leading to isolation or humiliation, or witnessing traumatic situations in the facility.
Common Situations That May Lead to Emotional Distress Claims
Unfortunately, there are many scenarios in which nursing home residents or their families may experience emotional distress. Here are a few examples that may warrant legal action:
- Neglect – If nursing home staff fail to properly care for residents, it can lead to emotional harm. For example, prolonged isolation, lack of basic hygiene, or ignoring a resident’s cries for help can be deeply distressing.
- Verbal or Emotional Abuse – Constant yelling, humiliation, or threats from staff members can cause severe emotional trauma for residents.
- Witnessing Harm to Others – A resident who repeatedly sees other residents being mistreated or neglected may feel anxious, frightened, or unsafe.
- Elder Exploitation – Financial abuse, such as coercing a resident into signing over funds or valuables, can lead to emotional distress stemming from betrayal and fear.
- Negligent Hiring Practices – If a nursing home hires unqualified, undertrained, or abusive staff members, and residents suffer, the facility may be liable.
Can You Sue for Emotional Distress Alone?
Yes, it’s possible to file a claim specifically for emotional distress, but the success of your case depends on several factors. Emotional distress claims typically require proving that:
- The Nursing Home Was Negligent or Abusive—There must be evidence showing that the staff acted inappropriately or failed to meet an acceptable standard of care.
- The Emotional Distress Was Real and Severe – The effects of emotional distress need to go beyond minor upset or discomfort. Medical records, therapy documentation, or testimony from mental health professionals can help substantiate your claim.
- There’s a Causal Link – It must be clear that the nursing home's actions directly caused the emotional suffering.
Keep in mind that pursuing a claim for emotional distress by itself can be challenging. However, it’s often included as part of a larger lawsuit, such as one that also involves physical neglect or abuse. An attorney can evaluate your case to determine the best course of action.
How a Personal Injury Attorney Can Help
Navigating the legal system while dealing with the emotional fallout of nursing home mistreatment can feel overwhelming. That’s where a personal injury lawyer comes in. Here’s how they can support you every step of the way:
- Building a Strong Case – Your attorney will collect evidence, such as medical records, incident reports, witness statements, and expert opinions, to demonstrate the extent of the emotional distress and link it to the nursing home’s conduct.
- Understanding State Laws – Rules regarding nursing home lawsuits vary by state. Some states place limits on certain types of emotional distress claims. An attorney familiar with your state's regulations can guide you.
- Negotiating Settlements – Many emotional distress claims are resolved through settlements rather than lengthy court battles. An attorney will advocate for a fair resolution compensating for the harm caused.
- Litigating When Necessary – If a settlement isn’t possible, your attorney will fight for your loved one’s rights in court.
Nursing Home Abuse Lawyers in McAlester
If you or a loved one is experiencing emotional distress in a nursing home in McAlester, OK, Stipe Law Firm is here to help. Our experienced attorneys specialize in personal injury and elder law, providing compassionate and effective representation. Contact us today at (918) 505-7741 to discuss your case and explore your legal options. Let us advocate for your rights and help you achieve the justice and compensation you deserve.