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The contract is a legally binding document that ensures that the home provides the resident with adequate care. When they fail, it can result in illnesses, injuries, and even fatalities. To prove that neglect occurred, your attorney must show how nursing home staff members failed to properly care for your loved one and how this failure caused them harm.
I won’t outline a list here because all good reasons to sue a nursing home will have one common denominator. The items in this list are all signs of elder neglect, proof the nursing home did or is doing something wrong, and may be signs of negligence. You have to weigh the pros and cons of suing a nursing home versus taking other actions. This includes a complaint and necessary expert affidavits and reports certifying the case, which is required in every state. The law in each state is different, and will outline what damages are recoverable for each claim type. Based on the type of claim you raise when you sue a nursing home, you will be entitled to different sets of recoverable damages.
What’s the first step in filing a nursing home neglect lawsuit?
According to the National Center on Elder Care Abuse, the five common types of nursing home abuse are physical abuse, emotional abuse, financial abuse, sexual abuse, and neglect. This can be tricky and many nursing home facilities have legal teams of their own to protect them in the event a lawsuit is brought against them. Having an experienced nursing home abuse attorney on your side can help level the playing field and ensure you and your elderly loved one’s rights are protected. If an assisted living facility’s negligence caused harm, you might be able to file a lawsuit against them.
There are several situations where a nursing home could be sued for a resident or patient injury. Learn more about working with a lawyer now — get a free case review. When that trust is broken, it can have devastating consequences for residents and families.
Is it hard to sue a nursing home for neglect?
However, if you’ve been injured by nursing home negligence, you can still sue for more than just the damages. Learning that your loved one was the victim of nursing home abuse is devastating. Are you asking yourself, “Are there nursing home neglect attorneys near me who can help? Contact the Bernstein & Maryanoff legal team with decades of experience fighting for victims just like you. We want to be the personal injury attorneys who go the extra mile when you need us most.
Any failure of the nursing home to provide proper medications as and when needed also adds to their negligent behavior. Failure to do so by the nursing staff also puts them under negligent behavior. Good reason to sue if the fall caused hip fracture needing surgery. Bad reason to sue if fall caused wrist sprain and bruise on head, or a non-displaced fracture that only needed a cast with no surgical intervention. Once you have evidence in hand via signs of neglect that you’ve identified, the next question is whether you should sue the nursing home. The process for suing a nursing home is fairly straightforward, assuming you are handing the baton to a lawyer to do the work for you.
Lack of Supervision
Neglect is considered one of the many types of nursing home abuse. However, several factors make negligence cases stand out from these other types. Nursing home neglect occurs when residents are not provided with adequate care, leading to severe injuries or even death.
If you suspect that your loved one has suffered from abuse at the hands of caregivers, then you should reach out to a Florida nursing home abuse attorney. The COVID-19 pandemic had a devastating effect on millions of people around the world but was especially fatal for those living in nursing homes. Older people and those with preexisting conditions are more vulnerable to the virus and their cases are often more severe. As a result, hundreds of nursing homes experienced widespread outbreaks among patients and staff, and some were slow to take proper precautions to contain the spread.
Wrongful Death in Nursing Homes: Can You Sue?
The nursing home was found liable for the fall, but the defendant argued that the patient was comparatively negligent. Nursing homes exist to take care of our loved ones as they age. When our relatives are in a home, we expect caregivers to provide them with the help and comforts they need. Unfortunately, neglect is all too common in Florida nursing homes. You have moved your loved one into a nursing home because they require supervision due to an illness or injury and you are unable to provide this for them at home. When a lack of supervision happens at a nursing home it can lead to dire consequences.
Having conducted well over 200 nursing abuse investigations in over a dozen states, I am a dedicated nursing home abuse lawyer ready to advocate for you. Without that one variable present, an elder abuse lawyer is unlikely to pursue the claim. However, due to what’s involved in suing a nursing home for negligence, it is unfortunately not an option to file a nursing home lawsuit for everything that nursing homes do wrong. It includes all bodily injury type claims caused by the actions or inactions of a nursing home.. You may also consider getting the names and contact information of witnesses who can provide testimonies regarding your loved one's injuries. The first step to suing a nursing home for negligence is to connect with a law firm.
You can rely on our experienced lawyers to aggressively pursue all available remedies against those who are responsible. The value of any legal claim depends on the particular facts involved as well as local state law. Some states, including New Jersey, do not permit attorneys to specify in a personal injury/negligence complaint that they are “suing for” a specific amount of money.
In some cases, the abuse has obvious signs that are easily noticed by friends and family members. This is when nursing homes violate the rules and regulations or fail to maintain compliance. National Council on Aging, up to 5 million elder Americans are abused every year.
While elder abuse statistics are heartbreaking and eye-opening, it is essential to be aware of the potential for harm. If you fear for your loved one’s safety, it may be the best bet to move them to a different setting. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
Using this information, nursing home neglect lawyers can gather supporting evidence to make the case as strong as possible. We have over 120 years of combined experience holding negligent nursing home facilities in Charleston and across West Virginia responsible for their inexcusable actions. When you contact our office, you can trust that your loved one’s case is in qualified and caring hands. Finally, take the help of a personal injury attorney that can help you in filing the case. If a lawyer thinks the case is strong enough, he can make full use of your recorded evidence and work upon them to seek compensation. You need to have a good reason to sue a nursing home, because without good reasons nursing home neglect and abuse attorneys will not pursue the case.
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