In most cases, the claim against the nursing home will be for negligent treatment of the resident. Negligence claims may be against a variety of potential defendants, including nursing home employees or staff, or the facility itself. Likewise, negligence claims may differ based on the facts of the situation. Some examples may include negligent treatment of nursing home residents by staff members, negligent hiring of employees by the facility, or negligent maintenance of the facility itself. In addition, there may be criminal claims of assault or battery, or claims of exploitation, taking advantage of patients through undue influence, deception, threats or the individual’s inability to give legal consent (legal incapacity).