Nursing Home Neglect Victims as Plaintiffs December 11, 2019 Ann Jacobs Q: Is there ever an instance that a victim of nursing home neglect is the plaintiff themselves, because perhaps they are physically infirm, but they think with clarity and are healthy mentally? It’s not as common, but it certainly happens that people are residents of nursing homes because they have significant physical or medical conditions, but are otherwise entirely competent and capacitated. For example, many people go to a nursing home for rehabilitation after a surgery or significant medical event, not because they need long-term living facilities. The language that is used generally is that “they are their own person,” meaning they are making their own health care decisions. They are making their own day-to-day decisions, they sign their own papers, they sign their own releases and sometimes those are our clients with whom we are happy to work and help directly.