Yes, you can sue a nursing home for abuse. When a nursing home harms a resident through abuse or neglect, the resident may have the right to bring a civil lawsuit. In some circumstances, a guardian, agent under a valid power of attorney, or the personal representative of the resident’s estate may pursue claims on the resident’s behalf.
These cases can recover compensation for medical bills, physical and emotional harm, loss of enjoyment of life, and other losses tied to what the facility did or failed to do. If you suspect your loved one has been harmed in a Hawaii care facility, speaking with a Honolulu nursing home abuse lawyer at Shaheen & Gordon can help you understand your legal options.
[H2] When you can sue a nursing home
Nursing homes have a duty of care to their residents, which means they’re legally required to provide a reasonable standard of care. When a facility fails to meet that duty and a resident is harmed, civil law allows the resident or their family to sue. Common grounds for these lawsuits include:
- Physical abuse (hitting, slapping, restraint injuries, or unexplained bruises)
- Sexual abuse or assault
- Psychological or emotional abuse (intimidation, humiliation, threats, or isolation)
- Financial exploitation
- Caregiver neglect (failure to provide food, hygiene, medical care, or supervision)
- Medication errors and dosing mistakes
- Untreated bedsores or pressure ulcers
- Falls resulting from inadequate supervision or environmental hazards
- Wandering or “elopement” from the facility
Hawaii law defines these forms of abuse in HRS § 346-222. The same conduct that triggers Adult Protective Services involvement often also supports a civil claim.
Who can file a nursing home abuse lawsuit?
The right to sue depends on the resident’s situation and the type of claim, but in general, these are the parties who may be able to file:
- The resident themselves, if they have the mental and physical capacity to pursue the case
- An individual authorized to act on the resident’s behalf, such as an agent under a valid power of attorney, depending on the scope of that authority
- A court-appointed guardian acting on behalf of the resident
- A personal representative of the estate in wrongful death cases
Hawaii law allows family members and guardians to pursue these cases on behalf of loved ones who can’t advocate for themselves, which is common in nursing home situations.
What damages may be available?
Damages in a Hawaii nursing home abuse case can include:
- Medical expenses for treating the harm caused by abuse or neglect
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
- Emotional distress and mental anguish
- Punitive damages when the facility’s conduct was particularly egregious
- Wrongful death damages when abuse or neglect led to the resident’s death
Hawaii law provides both civil and criminal remedies for elder abuse and neglect. Along with a civil lawsuit, abuse may be reported to Adult Protective Services and, in some cases, may result in criminal prosecution.
How long do you have to file a nursing home abuse lawsuit in Hawaii?
Most claims involving nursing home abuse or neglect have a two-year statute of limitations in Hawaii. For claims involving professional negligence by the facility or its medical staff, Hawaii law sets a two-year limit from when the harm was discovered, with an absolute maximum of six years from the act or omission. For wrongful death claims, the two-year clock starts on the date of the resident’s death.
The discovery rule matters in nursing home cases because abuse and neglect are often not recognized immediately, especially when the resident cannot communicate clearly about what happened. Acting quickly to investigate and document the harm is important either way.
Talk to a Hawaii nursing home abuse lawyer
If you suspect your loved one has been abused or neglected in a nursing home, the steps you take in the first weeks matter. Evidence can be lost or destroyed, witnesses move on, important records may be discarded, and the statute of limitations keeps running.
Call (800) 451-1002 or contact us online to request a free consultation with our Hawaii nursing home abuse attorneys. We can review the situation and help you understand what options exist for seeking justice.
