Who can file a lawsuit against a nursing home?
When negligence causes an unfortunate and untimely death, surviving family members usually qualify to file a wrongful death lawsuit. The deceased’s will normally appoints someone to act as the representative of the estate. This representative has the power to file a wrongful death lawsuit.
If a will does not appoint a representative of the estate, the court may decide that the deceased’s next of kin can file a nursing home wrongful death lawsuit against the nursing home in question.
If your loved one has suffered because of a nursing home’s neglect, abuse, or other unlawful behavior, don’t hesitate to contact Morgan & Morgan for a free, no-obligation case evaluation to get started.
What Is Medical Neglect?
Neglect and abuse are both common types of problems that happen inside nursing homes. Medical neglect specifically refers to staff member failure to assist residents in managing their medical needs. This includes failing to give residents medications on time, leaving bed sores or broken bones untreated, or failing to contact 911 in an emergency. All of these are serious situations and should be avoided by medical staff, particularly in a nursing home where patients are very vulnerable. If medical neglect happens, you may be eligible to pursue a lawsuit against a nursing home for elder abuse.
What Is Neglect of Living Needs?
Every human has basic living needs, and vulnerable populations, such as the elderly with advanced medical conditions, may need assistance with their activities of daily living. If a resident fails to get bathroom visits, water, or food, staff members may be neglecting their basic living needs. This can cause problems such as dehydration, malnutrition, or even death.
What Is a Nursing Home Abuse Lawsuit Complaint?
Your complaint is a legal document that explains how a resident was hurt, the names of all parties involved, and the relevant facts associated with the incidence of neglect. After your complaint has been compiled, your lawyer will then submit this to court. If you're a family member, you may be eligible to assist your loved one with filing a lawsuit against a nursing home abuse.
How Much Can I Receive in a Nursing Home Abuse or Neglect Lawsuit?
Each case is unique and the total sum you might get from suing a nursing home for negligence will depend on multiple factors associated with your case. This is why it is recommended to reach out for help from an experienced and qualified legal team, like those working at Morgan & Morgan, as soon as possible. Compensation amounts will vary, but one peer-reviewed journal published in Health Affairs found that the average nursing home abuse lawsuit awarded over $400,000 on average. Some settlements range higher depending on the specifics of the suit.
What Is the Benefit of Suing a Nursing Home for Negligence?
You may simply want the abuse or neglect to stop so that your loved one can be treated with respect and dignity. However, there are some additional benefits associated with pursuing a negligence lawsuit against a nursing home. You can help hold facilities accountable, enact change so that other residents don't end up hurt, and afford medical care associated with the injuries caused by the nursing home.
What Kind of Proof Do I Need in a Nursing Home Negligence or Abuse Lawsuit?
One of the best things you can do is to gather any evidence you have and consult with an experienced attorney as soon as possible. To succeed with an elder abuse lawsuit, you will need evidence to show how your loved one was hurt. Make note of any signs of nursing home neglect or abuse and when you first began to notice them. If you or your loved one or anyone else in the facility filed complaints against staff members due to previous concerns, make sure that you note these as well.
Your initial evidence should prompt you to go to an attorney. Your lawyer will then review the evidence you have and begin to conduct additional research if necessary to give you the best possible chance of putting together a comprehensive case. It can be very overwhelming to proceed in a case like this on your own, especially when you simply want to help a loved one who never should have been hurt in the first place.
If you have further questions about what to do to proceed, contact Morgan & Morgan for a free case evaluation. Any nursing home resident who has suffered abuse or neglect can file a lawsuit to seek compensation and justice. In many cases, these residents may be unable to file lawsuits on their own, which means that close family members can file on their behalf.
What Is the First Step to Filing a Lawsuit?
Gathering all of your evidence is the first step toward filing a lawsuit, but you should then consult with a qualified nursing home abuse lawyer as soon as possible. Your attorney will sit down with you at the beginning of your case to determine whether or not you meet the grounds to file a nursing home abuse lawsuit in your state. It is very important to have the insight of a qualified attorney as soon as possible so that you can make an informed decision about your future. Each nursing home abuse case is unique, and it’s important to have the support of a qualified lawyer to guide you through the process from beginning to end.
You can reach out to Morgan & Morgan for a free, no-obligation case evaluation to get started. We’re here to help you recover the compensation you deserve to move forward from this unfortunate event.