Your Guide to Filing a Nursing Home Lawsuit
If you believe that a loved one has been neglected or abused inside a facility that you so lovingly chose for them, you may need to file a nursing home lawsuit.
A nursing home lawsuit may initially seem overwhelming, particularly as you are learning cope with these serious side effects with your loved one.
If you have lost a loved one because of what you believe to be abuse or neglect, it is imperative that you gather evidence and share your concerns with an attorney as soon as possible to file a nursing home lawsuit.
Placing an ailing or an elderly family member inside a nursing home facility is always a difficult task and it can be very challenging position to put a loved one at the care of others, usually because extended family is not able to provide the level of care necessary.
Nursing homes are very expensive facilities to operate and given the rising number of people who need nursing home assistance, many staff members are put under tremendous pressure and are not able to keep up with the ongoing needs of the patients inside.
Regardless of how the nursing home facility chooses to staff their business, it is their responsibility to protect the patients living inside.
Nursing homes have legal duties of care under state and federal statutes and violations of these in the form of neglect or abuse may prompt someone to file a nursing home lawsuit.
Some of the programs and laws that govern these issues, include the Elder Americans Act, the Nursing Home Reform Act, Medicaid and Medicare, the state statute of limitations, the state penal code, the state adult protective services and long-term care ombudsman program.
Unfortunately, far too many responsibilities inside nursing homes are not met, leaving patients inside to suffer the consequences.
Nursing home abuse can happen in many different forms, particularly if the patient doesn’t get appropriate hygiene or nutrition.
Falls that could have been prevented by proper safety gear and unexplained injuries affecting your loved one can be devastating for you to discover.
Sexual, physical, emotional and financial abuse are not as common as general neglect but can still carry significant consequences.
Far too often the damage to the resident happens before the family ever learns of these devastating situations.
The elements involved in filing a nursing home lawsuit include the parties involved, the claim that is filed in the court to commence the process, the statement of facts and statement of defense, the compensation for the damages that plaintiff may be requesting, and it is imperative to identify a nursing home lawsuit attorney who has experience in this field.
Elements of a Nursing Home Lawsuit
There are three primary elements that must be proved inside a nursing home lawsuit. The first of these is that the nursing home has a legal responsibility to provide care, that the nursing home failed to uphold the legal expectations of care, and the fact stated in the lawsuit including the injuries and the wrongful death of loved one had to do with the lack of care.
Launching any nursing home abuse lawsuit is a serious matter and should only be done with the support of an experienced lawyer.
The knowledgeable attorneys at McDonald Worley have a track record of representing patients who have been seriously injured at the hands of nursing home staff and other facility operators as well as representing family members who are trying to figure out how to move on with their lives after a loved one has been killed due to preventable accidents and injuries.
Schedule a consultation with a McDonald Worley lawyer today.