Negligence is generally failure through inaction or inadequate care — a fall that should have been prevented, a wound that was not treated, a change in condition that was not reported. Abuse involves intentional harmful conduct: a staff member striking, restraining, humiliating, or sexually assaulting a resident.
In practice, the legal remedies often overlap. Both can support a civil claim for damages. In cases involving abuse, criminal charges and regulatory action against staff or the facility may also be pursued in parallel. We evaluate both tracks from the outset of every case.