Can I Sue a Nursing Home for Neglect or Abuse?
Can I Sue a Nursing Home?
Yes, you can generally sue a nursing home when your loved one was harmed by neglect, abuse, or mistreatment. Here are important points to consider.
Reasons to Take Legal Action Against a Nursing Home
Reasons can range from a nursing home failing to meet your loved one’s dietary needs, leading to severe weight loss and malnourishment, to instances where they’ve refused family members’ help caring for the resident. If your loved one has developed pressure sores (or bedsores) due to lack of proper care, or if the nursing home has not effectively managed medication, leading to health complications, you may have a case.
In severe cases, neglect or abuse in nursing homes can lead to premature death. If your loved one passed away and you suspect nursing home negligence or abuse as the cause, you and your attorney might consider a wrongful death lawsuit.
Suing a Nursing Home for Negligence
Negligence in a nursing home setting can occur in various ways, including but not limited to inadequate nutrition management, inadequate medical care, and failure to provide timely care or support. If a care facility’s neglect causes your loved one harm, you can likely sue the nursing home for negligence.
Example: The nursing home staff failed to turn and reposition your loved one regularly, resulting in pressure sores. Since the care team must turn certain at-risk residents every two hours, they are likely liable for the bedsores and any complications that follow. Similarly, failure to keep an accurate record of your loved one’s food intake, which may lead to malnourishment or significant weight loss, could be grounds for a lawsuit.
Remember how important it is to contact a nursing home injury lawyer to discuss your potential case. For instance, there are limitations on when you can bring a suit, which is called the statute of limitations. In New York, this is typically three years from the injury but can be as short as two years in the case of wrongful death or an injury claim against a government-run facility. You can still bring a suit in specific situations even after this time has elapsed. Therefore, even if another attorney has told you that you have run out of time after a family member was harmed, you can contact our office to see if you have a case. Consultations in these situations are free and confidential.
Can You Sue a Nursing Home for a Fall?
Falls are unfortunately common in nursing homes and can lead to severe injuries. If your loved one fell due to neglect — like inadequate supervision or unsafe conditions — you could have grounds for a lawsuit.
Suing a Nursing Home for Abuse
You may take legal action if your loved one has been the victim of physical, emotional, or financial abuse while residing in a nursing home. Abuse should never be tolerated, and we can help you hold the responsible parties accountable.
How Much Can You Sue a Nursing Home For?
The amount your family can recover depends on many factors, including the severity of the harm caused and the specific details of your case. Typically, damages may include medical expenses, pain and suffering, and, in worst-case scenarios, wrongful death. An attorney practicing nursing home negligence or abuse law can help you understand the potential value of your claim.
How to Sue a Nursing Home
Filing a lawsuit against a nursing home can be complex, requiring a thorough understanding of the legal system. Here are the basic steps:
- Document the Evidence: This includes medical records, photographs of injuries or unsanitary conditions, and testimonies from witnesses or staff members.
- Consult a Lawyer: A lawyer experienced in nursing home lawsuits can provide valuable insight and help navigate the legal process.
- File a Lawsuit: Your lawyer will prepare the necessary documents and file the lawsuit.
The above is a simplified explanation; the process can vary depending on the specifics of your case. Always consult with a legal professional for accurate guidance. Our nursing home neglect attorneys offer free consultations. If we bring your case, we only receive a percentage of the potential recovery we obtain for your family. Please do not hesitate to contact us if you need assistance or have more questions about this process.
Should I Sue the Nursing Home?
Consider taking legal action if a nursing home violated your family member’s rights or harmed them through negligence or abuse. Not only can it result in compensation for your loved one, but it can also help protect other residents from similar mistreatment.
Can a Nursing Home or Assisted Living Service Retaliate?
If you are considering taking legal action against a nursing home or assisted living facility, you may have concerns about possible retaliation. You might wonder, “Can the nursing home or assisted living service retaliate against my loved one?”
According to federal and state laws, retaliation against residents or their families for filing a complaint, expressing concerns, or initiating a lawsuit is strictly prohibited. Any form of punishment or adverse action taken by the nursing home against your loved one in response to a lawsuit could be considered illegal retaliation.
Retaliation can take many forms, such as sudden changes in care, resident isolation, eviction, or mistreatment. If you suspect any form of retaliation, it’s crucial to document the incidents and report them immediately to the appropriate authorities.
Remember, ensuring your loved ones are safe and adequately cared for is your right. You should never fear taking necessary legal action because of potential retaliation. If you encounter retaliation or suspect it may occur, discussing this with an attorney is essential.
Remember, a nursing home neglect attorney can guide you through the process and provide valuable advice tailored to your situation. If you have concerns about retaliation or any other aspect of taking legal action against a nursing home, don’t hesitate to contact our attorneys for a free consultation today.
When to Contact an Attorney
The decision to sue a nursing home can be difficult. Engaging a lawyer can guide you through the process and provide essential advice tailored to your specific situation. When you suspect neglect or abuse, contacting an attorney sooner rather than later can help preserve all potential evidence and ensure the best possible outcome.
Reach out to our team of nursing home neglect attorneys for a free consultation today.
We are here to help guide you through this difficult time.