Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The TorHoerman Law Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.
TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
Nursing home staff shortages are one of the leading causes of preventable resident harm because basic care cannot be delivered consistently when there are not enough nurses and aides on the floor. Missed medications, unanswered call lights, unattended falls, untreated infections, and worsening pressure sores often trace back to the same staffing problem. The effects are not limited to isolated incidents, as chronic understaffing can have a significant impact on a resident’s health, safety, dignity, and quality of life.
Families may be told that a loved one’s decline was simply the result of age or illness when the underlying problem was a facility’s inability or unwillingness to provide adequate staffing.
TorHoerman Law reviews nursing home neglect claims for families who suspect a loved one was harmed in an understaffed facility.
Adequate staffing is one of the most important factors in determining whether nursing home residents receive safe, timely, and appropriate care.
Every aspect of daily life inside a nursing facility depends on having enough qualified nurses and aides available to monitor residents, administer medications, assist with personal care, respond to emergencies, and identify changes in a resident’s condition before they become serious.
When staffing levels fall below what residents require, routine care begins to break down.
Medications may be delayed, call lights may go unanswered, falls may go unwitnessed, and preventable medical complications may progress without intervention.
The consequences of understaffing are often most severe for residents who depend on staff for nearly every daily activity.
Individuals with mobility limitations, cognitive impairments, chronic illnesses, or complex medical needs face greater risks when there are too few caregivers available to meet those needs.
As staffing shortages persist, nursing homes may struggle to maintain care plans, supervise vulnerable residents, prevent injuries, and provide the level of attention federal regulations and professional standards require.
Understanding how staffing levels affect resident care is often a critical part of determining whether neglect or abuse occurred and whether a nursing home can be held legally responsible for the harm that followed.
If your loved one was harmed in an understaffed nursing home, you may be eligible to file a nursing home abuse lawsuit and recover compensation for the harm caused.
Contact TorHoerman Law today for a free, no-obligation consultation.
You can also use the chat feature on this page to find out whether your family qualifies for a nursing home abuse claim.
The highest quality care a nursing home can give depends on having enough trained nursing staff on the floor.
A landmark report by CMS in 2001 recommended a daily minimum standard of 4.1 hours of total direct care nursing time per resident to ensure quality care in nursing homes.
When staffing runs below that mark, the quality care residents receive declines, showing up first in delayed medications and missed warning signs a trained eye would catch.

The number of nurses and aides on a shift decides how much of a resident’s daily care actually gets done, starting with the following:
Skilled nursing facilities and other long-term care facilities depend on the right mix of these roles, with the licensed nurse working between the registered nurses and the certified nursing assistants on the unit.
Federal and state laws both regulate nursing home staffing.
The federal government establishes a baseline standard that applies nationwide, while many states impose additional staffing requirements of their own.

When state law requires more staffing than federal law, the nursing home must comply with the stricter standard.
Federal nursing home staffing requirements originate from the Nursing Home Reform Act of 1987 and are implemented through 42 CFR § 483.35.
A nursing home that participates in Medicare or Medicaid must have a registered nurse onsite for at least 8 consecutive hours each day, 7 days a week, a licensed nurse available 24 hours a day, and a registered nurse serving as director of nursing.
Federal regulations also require facilities to provide enough nursing staff to meet each resident’s assessed needs and carry out the care and services described in their care plans.
New federal standards for staffing requirements in 2024 would have required 3.48 nursing hours per resident per day and 24-hour registered nurse coverage.
Those standards were later struck down in court and repealed in 2025 before they took effect.
Today, the enforceable federal standard remains the requirement that nursing homes maintain sufficient staff to meet the needs of their residents.
Many states impose staffing requirements that go beyond federal law.
Some state requirements establish a minimum staffing hours per resident, some require specific nurse-to-resident ratios, and others impose additional registered nurse coverage requirements.
California and New York, for example, both require at least 3.5 hours of direct resident care per day, while other states rely primarily on general standards requiring facilities to provide adequate staffing based on resident needs.
Because there is a wide variation in staffing requirements across the country, the legal obligations imposed on a nursing home often depend on both federal regulations and the laws of the state where the facility operates.
Understaffing in nursing homes can be attributed to a negative perception of the industry, unsupportive working conditions, and poor pay and benefits, which have been exacerbated by the COVID-19 pandemic.
These staffing challenges rarely act alone, and the same facility usually carries several at once.

Staffing shortages in nursing homes are driven by low wages, high burnout, and a surging aging population.
Low pay remains one of the primary drivers of nursing home staffing shortages.
Certified nursing assistants and other direct care workers perform physically demanding work that includes lifting residents, assisting with toileting and bathing, responding to emergencies, and caring for individuals with complex medical and cognitive needs.
Despite those responsibilities, many nursing home employees earn wages that compete with jobs requiring far less training, stress, or physical labor.
Hospitals, outpatient clinics, staffing agencies, and even retail employers often offer higher pay and better benefits, creating constant competition for qualified workers.
As experienced caregivers leave for better opportunities, nursing homes struggle to recruit and retain enough staff to meet resident needs.
The result is heavier workloads for the employees who remain, higher turnover rates, and fewer caregivers available to provide consistent care.
For residents, those staffing shortages can translate into delayed assistance, missed warning signs, preventable injuries, and a decline in overall quality of care.
Annual staff turnover rates in nursing homes frequently exceed 50% due to challenging working conditions.
That churn forces the staff who stay to work overtime and to care for nursing home residents they barely know, which degrades the continuity of care.
High turnover and burnout rates are exacerbated by long shifts, emotional demands, and the residual effects of the COVID-19 pandemic.
Every departure adds to the load on those who remain, which pushes the next worker closer to quitting and keeps the cycle running.
A significant factor contributing to nursing home understaffing is the high cost of labor, which leads owners and managers to intentionally short-staff their facilities to reduce expenses.
A Kaiser Family Foundation analysis found that just 11% of for-profit nursing facilities met all three staffing minimums in the repealed rule, compared with 41% of non-profit facilities.
Industry groups including the American Health Care Association and the National Center for Assisted Living report the same strain across assisted living and skilled nursing.
That pressure is sharpest at for-profit homes and at nursing facilities owned by private equity firms, where staffing is treated as a cost to control.
The growing population of older adults increases long-term care demand while the pool of qualified healthcare professionals shrinks.
Medicaid pays for most of that demand, which makes its funding levels decisive for staffing.
Medicaid was the primary payer for nearly two thirds of nursing home residents in 2024, about 63%, and it pays the largest share of nursing home care.
Medicare pays only for shorter post-acute care stays, so Medicaid funding decides how many direct care services most homes can sustain.
The low Medicaid reimbursement rates that states set leave thin margins for direct care staff, and nursing facilities that cannot make up the difference through private payers tend to cut staffing and services first.
The squeeze is worst in rural areas, where a smaller pool of nurses leaves homes competing for staff that may not be there.
Without adequate staffing, nursing home residents often do not receive basic care such as timely meals, assistance with bathroom needs, or responses to pain medication requests, leading to neglect and abuse.
Short-staffed units mean nursing home residents receive less of the help their care plans call for, and the residents who cannot feed or move themselves feel it first.
Missed and rationed care occurs when staffing shortages result in delays or skips in crucial tasks such as feeding and bathing.

These gaps appear in the same places on an understaffed unit:
The damage is not only physical, because a resident’s psychosocial well-being declines when no one has the time to sit with them or notice their withdrawal.
Months of unmet needs wear a person down mentally as much as physically.
Neglect of daily living activities due to staffing shortages negatively impacts the quality of life and mental health of residents.
Understaffing does more than leave care undone.
The same conditions that produce neglect also increase the risk of physical abuse, emotional abuse, medication errors, and other forms of mistreatment.
When too few caregivers are responsible for too many residents, staff members work longer hours, skip breaks, rush through care tasks, and operate under constant pressure.
Over time, that environment can lead to frustration, burnout, poor judgment, and conduct that would be far less likely in a properly staffed facility.
The problem is often systemic rather than isolated to a single employee. A facility that routinely operates short-staffed creates conditions where abuse is more likely to occur and less likely to be detected.

Common ways understaffing contributes to abuse include:
Inadequate nurse aide training can further increase the risk. New hires may be placed on the floor before they fully understand resident care plans, transfer techniques, abuse reporting requirements, or behavioral management strategies.
High turnover compounds the problem by creating a workforce made up of temporary, inexperienced, or constantly changing caregivers who may not know the residents well enough to recognize signs of distress or abuse.
Research consistently links staffing shortages to poor quality outcomes in nursing homes.
Federal regulators, researchers, and advocacy groups have reported that facilities with chronic staffing problems experience more deficiencies, more resident injuries, and worse inspection results than facilities with adequate staffing levels.
Nearly half of nursing homes failed to meet at least one component of the staffing standards CMS proposed before the rule was repealed, illustrating how widespread staffing challenges remain throughout the industry.
For families investigating suspected abuse, staffing records often provide detailed information about what was happening inside the facility when the harm occurred.
Shift schedules, payroll records, staffing logs, training records, and employee turnover data may reveal whether a nursing home was operating with too few caregivers to provide safe and appropriate care.
Understaffing is not simply an administrative problem; it is one of the strongest predictors of resident harm in a nursing home.
Every day, nurses and aides are responsible for monitoring health conditions, administering medications, preventing falls, assisting with meals, responding to emergencies, repositioning immobile residents, and carrying out individualized care plans.
When there are not enough caregivers available, those responsibilities begin to compete for limited time and attention.
The result is that residents living in understaffed facilities are more likely to experience preventable injuries, untreated medical conditions, and avoidable declines in their physical and mental health.
Many of the most serious consequences of understaffing begin with routine care that is delayed, rushed, or missed altogether.
A resident who is not repositioned regularly may develop a pressure ulcer. A call light that goes unanswered can lead to a fall.
A missed medication or delayed assessment may allow an infection to progress until hospitalization becomes necessary.
Residents who depend on staff for meals, hydration, mobility assistance, or supervision often face the greatest risks when staffing levels fall below what their care plans require.

Common injuries and health risks associated with nursing home understaffing include:
Research consistently shows a connection between staffing levels and resident outcomes.
Understaffing in nursing homes has been linked to higher mortality rates, increased hospitalizations, more infections, greater antibiotic use, higher rates of pressure ulcers, and declines in physical functioning.
Independent studies have also found that facilities with stronger staffing levels generally report fewer injuries and better overall quality of care.
A 2022 report from the National Academies concluded that inadequate staffing contributes to injuries, deaths, and violations of resident dignity.
Other research has found that nursing homes providing staffing levels above the national average experience fewer hospitalizations and emergency room visits than comparable facilities operating with thinner staffing.
Registered nurses play a particularly important role because they are often responsible for identifying changes in a resident’s condition before those changes become medical emergencies.
For many families, the difference between adequate staffing and chronic understaffing can determine whether a resident receives timely treatment, recovers from an illness, or experiences a preventable decline.
The injuries associated with understaffing are often not random events.
They are frequently the predictable result of a facility choosing to operate without enough qualified caregivers to meet resident needs.
A short-staffed nursing home is not automatically liable, because a claim depends on negligence, and the shortage alone is not enough.

A nursing home neglect claim based on understaffing has to prove 4 elements:
That proof draws on the facility’s own staffing records and former employee accounts, which the resources of a lawsuit can obtain in discovery.
Compensation may include medical costs, corrective care, physical and emotional harm, and, in fatal cases, a nursing home wrongful death claim.
Chronic understaffing is not an unavoidable part of nursing home care.
Facilities that accept residents have a legal obligation to provide enough qualified staff to meet their needs and protect them from preventable harm.
When a nursing home chooses to operate without adequate staffing, the consequences often appear in the form of falls, pressure sores, medication errors, infections, malnutrition, abuse, and other injuries that should never have occurred.
Families are rarely given the full story after a resident is harmed. Nursing home records, staffing logs, payroll data, inspection reports, and employee testimony often reveal conditions that were never disclosed to residents or their loved ones.
Those records can help establish whether a facility failed to provide the level of care required by federal regulations, state law, and the resident’s care plan.
TorHoerman Law investigates nursing home neglect and abuse claims involving understaffing and works to hold facilities accountable when staffing decisions place residents at risk.

If you believe a loved one was harmed because a nursing home was understaffed, contact TorHoerman Law today for a free, no-obligation consultation.
You can also use the chat feature on this page for a free, instant case evaluation.
You can sue when understaffing caused a specific harm, not for the shortage on its own.
The claim is framed as negligence, where thin staffing is the breach that produced the injury.
A lawyer reviews the staffing logs, the care plan, and the incident report to connect the harm to the staffing on that shift.
Nursing homes have had to pay out millions of dollars for illnesses or wrongful death related to understaffing, highlighting the financial risks associated with inadequate staffing levels.
Recovery depends on the facts and the severity of the harm.
There is no single federal number a nursing home must hit today.
A landmark report by CMS in 2001 recommended a daily minimum standard of 4.1 hours of total direct care nursing time per resident, but no federal statute currently mandates minimum staffing levels in nursing homes.
State law sets the firmer numbers where it exists.
Only six states require a registered nurse to be on duty 24/7 at all nursing facilities, while an additional eight states require this based on facility size, highlighting significant variability in state staffing regulations.
Each facility still owes residents enough staff to meet their assessed needs.
No.
In September 2023, the Centers for Medicare & Medicaid Services (CMS) proposed new minimum staffing standards for nursing homes, requiring a daily minimum of 2.45 hours of nurse aide time and 0.55 hours of registered nurse time per resident.
The rule was finalized in 2024 but struck down in court and repealed in December 2025, so it never took effect.
With the rule gone, the older Reform Act standard and state law now set the staffing a facility must provide.
Most shortages come down to pay, turnover, and the cost of safe staffing.
Low wages push trained aides toward easier jobs, and the workers who stay burn out and leave.
Achieving the new federal staffing standards will require a significant increase in the numbers of registered nurses (RNs) and nurse aides (NAs) employed by nursing homes, which is expected to increase total costs required for nursing homes across the country by $43 billion over the first 10 years of implementation.
Thin Medicaid reimbursement leaves little margin to close that gap.
Proof draws on the facility’s own records, measured against the care the resident needed.
Payroll-Based Journal data shows the hours staff actually worked against the resident census, which can reveal a shortfall on the day of the injury.
False reporting of staffing levels has been a problem in nursing homes, where facilities have been known to provide inaccurate data to Medicare, leading to a lack of accountability for actual staffing shortages.
Staffing logs, care plans, and former employee accounts fill in the rest.
Turnover and understaffing feed each other in a loop that is hard to break.
Staff turnover in nursing homes is often a result of understaffing, as overwhelmed employees are more likely to quit, creating a cycle of inadequate staffing.
Low pay is the first reason aides leave, since retail and food service often pay more for easier work.
Agency staff brought in to fill the gaps rarely stay long enough to know the residents, which keeps continuity of care low even when the headcount looks filled.
Short staffing harms residents in the moment, and the damage grows the longer it lasts.
Chronic understaffing in nursing homes leads to worse health outcomes, including frequent hospital readmissions and increased mortality rates.
Repeated hospital trips and earlier deaths are the clearest signs that staffing has dropped below what residents need.
Pressure ulcers, infections, weight loss, and avoidable falls tend to recur in the same nursing facilities year after year.
A safe level is generally put at 3.48 to 4.1 nursing hours per resident per day, with a registered nurse on-site, though the exact figure depends on resident acuity and state rules.
The 4.1-hour mark is the level a 2001 federal study set for quality care, and 3.48 hours was the minimum the repealed federal rule would have required.
Families can often identify potential understaffing by looking for recurring signs such as unanswered call lights, long waits for assistance, missed medications, poor hygiene, unexplained falls, pressure sores, or frequent staff turnover.
Public inspection reports, Medicare’s Nursing Home Care Compare database, and state health department records may also reveal staffing concerns and prior deficiencies.
In a legal claim, more detailed information can be obtained through staffing schedules, payroll records, Payroll-Based Journal (PBJ) data, employee time records, and internal facility documents.
Those records can show how many nurses and aides were working when an injury occurred and whether staffing levels were sufficient to meet resident needs.
Yes.
Nursing homes that participate in Medicare or Medicaid are required to report staffing information to the Centers for Medicare & Medicaid Services (CMS) through the Payroll-Based Journal reporting system.
The data includes information about the hours worked by registered nurses, licensed practical nurses, certified nursing assistants, and other staff members.
CMS uses this information in oversight activities and to help inform public staffing ratings available through Nursing Home Care Compare.
Although staffing data is reported regularly, concerns have been raised over the years about inaccurate reporting, which is why staffing records are often closely examined during government investigations and nursing home negligence lawsuits.
Yes.
Chronic understaffing can lead to regulatory penalties, fines, admission restrictions, loss of Medicare or Medicaid participation, and, in serious cases, the loss of a facility’s license or closure.
Regulators evaluate whether staffing shortages have affected resident care, safety, or compliance with federal and state requirements.
A single staffing deficiency may not result in license revocation, but repeated violations, resident injuries, neglect findings, or a pattern of failing to correct known problems can trigger increasingly severe enforcement actions.
The risk is particularly high when understaffing contributes to serious injuries, preventable deaths, or widespread deficiencies affecting multiple residents.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
Infections in Nursing Homes: How Do They Occur?
Physical Abuse in Nursing Homes: Steps to Take If Your Loved One Has Been Harmed
Sexual Abuse in Nursing Homes: Warning Signs and Legal Action
Medication Errors in Nursing Homes
How Is Nursing Home Abuse Compensation Determined?
Nursing Home Resident Rights
Is It Difficult to Sue a Nursing Home for Abuse or Neglect?
The Benefits of Hiring a Lawyer for Nursing Home Abuse
Elder Abuse in Nursing Homes: Warning Signs and Legal Action
Who Can File a Nursing Home Wrongful Death Lawsuit?
Can You Sue a Nursing Home for Neglect?
Where To Report Nursing Home Abuse in Cook County, IL
Nursing Home Wrongful Death Settlements
Nursing Home Elopement: Risks, Prevention & Legal Issues
Types of Abuse in Nursing Homes
What is the Process of a Nursing Home Neglect Lawsuit?
How Do You Report Abuse in a Nursing Home?
FAQ: What is Nursing Home Neglect?
Nursing Home Abuse Lawsuit