Is a nursing home abuse or neglect case considered medical malpractice? | Shapiro, Washburn & Sharp

Unless the victim was receiving medical treatment at the time of the incident, the case would not be considered malpractice. The victim can still file a personal injury case for any abuse or neglect they suffered at the hands of nursing home staff and/or other residents but since the abuse usually doesn’t involve doctor-patient relationship, it would not be malpractice.