When a loved one suffers harm in a long-term care (LTC) home, the emotional toll can be immense. However, beyond the personal anguish, families in Ontario may also have legal options to hold negligent facilities accountable. Whether the issue is neglect, abuse, understaffing, or medical error, pursuing a lawsuit may offer a path to justice and systemic change. This guide walks families through the key steps involved in filing a long-term care home lawsuit in Ontario.
1. Recognize the Signs of Neglect or Abuse
Long-Term Care home negligence can take many forms, including:
- Physical abuse (e.g., bruises, fractures)
- Neglect (e.g., untreated bedsores, dehydration, poor hygiene, repeated falls)
- Emotional abuse (e.g., isolation, intimidation)
- Medical errors (e.g., medication mismanagement, delayed treatment)
2. Gather and Preserve Evidence
If you suspect your loved one has been harmed in a long-term care home, begin gathering evidence as soon as possible. Early documentation is crucial, not only for ensuring proper care but also for building a strong legal case.
Keep detailed records of any incidents, including dates, times, and interactions with staff. Take clear photographs of visible injuries, unsafe living conditions, or signs of neglect such as poor hygiene, malnutrition, or pressure ulcers. If you suspect medical errors, request and retain copies of medical records, medication charts, and care reports.
Speaking with potential witnesses, such as other residents, visiting family members, or even cooperative staff, can also provide valuable context and support for your case.
The more thorough your documentation, the better equipped your legal team will be to assess the situation and advocate for accountability.
3. File a Formal Complaint
Before turning to litigation, you may wish to file a complaint with the Ministry of Long-Term Care.. These organizations can investigate LTC homes and may issue compliance orders, fines, and/or follow up inspections.
Although this is not a legal action, it creates a paper trail and may lead to formal findings that support a lawsuit.
4. Consult a Lawyer Who Specializes in Elder Abuse or LTC Litigation
Long-term care lawsuits fall under Personal Injury, but not all lawyers have expertise in this niche. Look for legal counsel who:
- Has experience with elder neglect and abuse cases, or in other words, deals with Elder Law.
- Understands the Fixing Long-Term Care Act.
During this stage, a lawyer will assess whether you have grounds for a lawsuit, who the defendants are (individual caregivers, the home itself, or both), and the potential for compensation.
5. Understand the Legal Grounds and Limitation Periods
In Ontario, legal claims against long-term care homes may be based on several grounds. These include negligence, which refers to a failure to meet a reasonable standard of care; breach of contract, where the facility violates the terms of the care agreement made with the resident or their family; and wrongful death, which applies when the harm suffered ultimately results in a resident’s death. Each of these legal bases carries its own requirements and implications, and a qualified lawyer can help determine which applies to your situation.
You typically have two years from the date of the incident or that date from which you knew or ought to have known that an injury, loss, or damage occurred, to file a claim.. That said, timing can be complex in these cases, especially when signs of abuse surface gradually. Don’t delay in seeking legal advice.
6. Determine What Compensation May Be Available
Damages in LTC lawsuits may include:
- Pain and suffering
- Future medical expenses
- Out-of-pocket costs, including medical expenses
- Funeral expenses (in fatal cases)
- Loss of care, guidance, or companionship (for surviving family members)
- Reimbursement of fees paid to the home
While compensation can’t undo the harm, it can offer support for families navigating the aftermath.
7. Prepare for the Litigation Process
Should you move forward, your lawyer will guide you through the process, which may include:
- Filing a Statement of Claim
- Engaging in discovery (the exchange of evidence)
- Attempting mediation or settlement
- Proceeding to trial, if necessary
Many LTC cases settle out of court, but your lawyer will prepare as if going to trial, to build the strongest case possible.
Filing a lawsuit is not just about individual justice—it can also shine a light on broader issues within Ontario’s long-term care system. By taking action, families become powerful advocates for the safety and dignity of all elders, not just their own.
The decision to pursue legal action against a long-term care home is never easy. It requires courage, patience, and a strong support system. But with the right legal guidance, families in Ontario can seek justice for their loved ones and push for a safer, more compassionate standard of care.
If you suspect your loved one has been harmed in an LTC home, don’t hesitate to contact us today. As qualified elder law professionals, Amanda Bianchi and Christine Morano will always put your best interests and those of your family first.
Remember, you’re not alone, and your voice matters.