Nationwide, about 1.5 million older adults live in nursing homes.
Of course, it’s never an easy decision to place a loved one in a nursing facility. Once we do, it’s easy to assume that they’ll receive the care and attention they deserve.
But what if that’s not the case? What if you suspect nursing home negligence or (even worse) nursing home abuse? Should you pursue a nursing home abuse lawsuit?
Keep reading to learn more about the nursing home abuse lawsuit process.
What’s Considered Nursing Home Abuse?
First of all, do you have a nursing home abuse case? Is your loved one truly being mistreated, or is the facility failing to fulfill its role?
Here are the most common types of nursing home abuse lawsuits:
- Neglect: Due to staff’s indifference or unwillingness to perform expected care duties
- Negligence: Failure to take appropriate or ethical action regarding the resident’s care
- Abuse: Intentional harmful acts towards the resident (hitting, restraining, belittling, etc.)
- Breach of contract: The nursing home’s failure to honor the terms of the contract and provide adequate care
- Medical malpractice: When a doctor or nurse goes beyond the reasonable standard of care and injures a patient
- Wrongful death: When a resident dies due to negligence, neglect, or intentional harm
If you’re not sure what type of case you have or how best to proceed, a nursing home abuse attorney can answer your questions and provide legal advice.
The Nursing Home Abuse Lawsuit Process
Do you feel you have a strong case for nursing home abuse or neglect? Here’s what to expect moving forward.
After you hire a nursing home abuse lawyer, you’ll work together to file a complaint with the local civil court. The defendant (the nursing home) will also file an answer in response to the complaint.
Once the appropriate paperwork has been filed with the court, each side begins an investigation to uncover the truth. You’ll work with your solicitor for medical negligence to find facts that strengthen your case, while the nursing home will do the same for their side of the story.
- Settlement or Trial
The majority of civil cases (97%) settle out of court. If you receive a fair settlement offer from the nursing home, you may be content to accept it and end the legal process there.
If it’s not a fair offer, you can choose to pursue the case at the trial phase. You and/or your lawyer will appear before the judge to present their arguments. The judge and jury will then decide the verdict.
What happens if you’re not happy with the outcome of the trial? You may choose to file an appeal to have the case reconsidered.
Do You Need a Nursing Home Abuse Lawyer?
Hopefully, your elderly loved ones will receive nothing but the best care and treatment during their time at a nursing home. If you suspect subpar care, however, it’s best to discuss the matter with a nursing home abuse lawyer. Therefore, as soon as you detect signs that your dear one is a victim of abuse in a nursing home, you should immediately contact a nursing home neglect lawyer. The signs include blood spots on clothing or bedding, unusual changes in behavior, etc. The attorney will help you with the collection of all essential documents and evidence. On the other hand, you may also receive compensation for the damages that are meant to prevent the future cases of neglect / abuse. In all cases, you need a trustworthy, experienced and knowledgeable nursing home abuse attorney, who will take the issue seriously and will do everything to keep it fair.
Now that you know more about a nursing home abuse lawsuit, what’s next? Our site has more helpful articles like this one, so stay right here and keep browsing.