Guides

Worried about a parent's care? Protect them first.

Document what you see, preserve the record, and learn what a Delaware neglect case review looks like.

If you are worried about a parent or loved one’s care, their immediate safety comes first. Get emergency help when it is needed. Then write down what you observed, preserve records and communications, and ask for a straight explanation of what a Delaware neglect case review may involve.

Talk with Murphy & Landon or call 302-472-8100. You can ask questions before deciding what to do next.

What should I do if I am worried about neglect?

If there is an immediate medical or safety concern, seek emergency assistance. For non-emergency concerns, keep a factual record: dates, what you saw, who you spoke with, and any response you received. Follow the facility’s complaint process if it is appropriate to the situation, but do not treat a facility complaint as a substitute for getting independent advice about your options.

What should I document?

Document observable concerns without trying to diagnose them. Notes, photographs where appropriate, medication or care concerns you can describe factually, communications with staff, care plans, bills, and a timeline can all help establish what needs to be reviewed. Keep copies of messages and ask for records in writing when possible.

Is making a report the same as talking to a lawyer?

No. A report or facility complaint can address an immediate concern and create a record. A lawyer’s review is different: it looks at the available facts, injury, care, and possible next steps for your family. One does not replace the other.

What will a lawyer need to evaluate a claim?

We will want to understand the resident’s care, what changed, the providers or facility involved, the injury or loss, and the records or communications that may be available. You do not need to arrive with a complete file. The purpose of a first call is to clarify what matters and whether Murphy & Landon may be able to help.

Are bedsores a sign of neglect?

A bedsore — also called a pressure sore or pressure injury — is a wound that forms when skin and the tissue under it are damaged by sustained pressure, usually over a bony area like the heel, hip, tailbone, or elbow. It can range from reddened, unbroken skin to a deep, open wound. We are not going to diagnose or stage a pressure injury from a description; that is a question for the resident’s treating providers.

A bedsore can be a warning sign that deserves attention, but it does not by itself prove neglect. Some residents face a higher risk because of immobility, illness, poor nutrition or hydration, or a medical condition affecting circulation and healing — factors a facility does not fully control. What turns a symptom into a real question is the fuller picture: whether the facility had a plan to prevent and treat pressure injuries, whether staff followed it, how quickly the wound was found and treated, and how the facility responded once you raised it. Cause, care plan, records, and facility response matter more than the wound alone. When a pressure injury develops because expected turning, skin checks, or nutrition and hydration support did not happen, that pattern is generally described as neglect — a failure to provide necessary care — rather than physical abuse.

If you notice a pressure sore, get the resident medical attention first. Untreated pressure injuries can worsen quickly and lead to infection, so do not wait on the facility to escalate care if it is not already happening.

What should I document if I’m concerned about a bedsore?

Once medical care is underway, keep a plain, dated, factual record. That typically includes:

  • What you observed and when — location, size, and appearance, described factually rather than diagnosed
  • Photographs, if you can take them, with the date noted
  • The resident’s care plan and any changes made to it
  • What you know about nutrition, hydration, and repositioning or turning schedules
  • Communications with staff, administrators, or treating providers, including dates and names
  • Medical records, wound care notes, and billing records, requested in writing where possible

A clear timeline built from these pieces tells us far more than any single detail on its own.

When should I talk with a lawyer about a bedsore or pressure sore?

Once the resident has medical attention and you have started documenting what you observed, that is a reasonable time to ask for an independent review — you do not need to wait until you have everything. A facility complaint or state report is a separate step from a lawyer’s review: filing one creates a record and may prompt a facility response, but it does not answer whether a claim exists, and it is not a requirement before you call. Talk with Murphy & Landon or call 302-472-8100 to go over what you have documented. A case review looks at the resident’s care and any changes to it, the facility’s prevention and treatment plan, the injury itself, and the records available to establish what happened — the same factors that separate a symptom from a claim. For related nursing home liability concerns involving a treating physician or hospital, our medical malpractice practice area covers that overlap.

Concerns involving abuse

Any concern that a resident has been abused should be treated seriously and with care. Protect the person first and preserve information. Murphy & Landon can discuss whether the situation falls within the services we handle; a conversation is not a guarantee of a case.

For concerns involving medical providers or treatment, see our medical malpractice guide. If the injury has created major care needs or changed daily life, see our serious injuries guide.

What happens when I call?

You can describe the concern in plain language, ask what information would be useful, and understand the next step before making any decision. Contact Murphy & Landon when you are ready.