No, it is not malpractice. At the end of the day, your mother (if she is mentally competent) could have refused to go to that home and located another one; or if she is not mentally competent, her legal guardian or someone with a POA for her (possibly you) could have refused and sent her elsewhere. The hospital does not have final say over which home she goes to, so it is not their responsibility: rather, she (if compentent) or her guardian/attorney-in-fact on a POA has responsibility for where she goes. If you or she did not like this home, she could have gone elsewhere; if you now decide you don't like it, she can transfer. The hospital simply could not have sent her there is you or she objected and said unequivocally "no."Second and even more important, you do not describe any harm that *you mother* has suffered from this home. A malpractice case is designed to provide compensation for actual injuries or harm or economic losses suffered--not for "potential" or "possible" harm. If nothing bad has happened to your mother, there is nothing to sue for and no legal case to bring.