Can I Sue A Nursing Home for Negligence?
Yes, you can.
There are some guidelines that you need to follow when it comes to taking legal action against a nursing home.
Legal action against nursing homes can be taken once legally qualified experts have reviewed the case and determined that the nursing home has deviated from the recognized standard of care in the locality.
According to the Nursing Home Abuse Center, between 1 million and 2 million U.S. citizens aged 65 and older have suffered from some type of abuse at the hands of a caregiver.
Here are the grounds on which you can sue a nursing home for negligence
- Physical abuse
- Emotional and non-verbal abuse
- Neglect
- Regulatory non-compliance
- Economic Exploitation
What is nursing home abuse?
If the nursing home fails to keep the premises reasonably safe, and free of hazards then the patient party can sue the nursing home. This may include preventing slips, fall accidents, preventing one resident from attacking another, etc.
Hiring an irresponsible employee who ends up neglecting, abusing, or otherwise intentionally harming a patient can bring the nursing home under legal scrutiny.
Failing to keep the patient’s room or common area sanitized and clean can also cause legal issues to the nursing home.
These all fall under the nursing home abuse.
Schedule A Consultation With One Of Our Attorneys Now!
What is the regulation on the Standard of Care?
The nursing home that has accepted to provide Medicare must follow the federal regulation that regulates the standard of care.
42 CFR sec. 483.25 (h) is one of these regulations which states:
The nursing home facility must ensure that residents will remain free from any accidental hazards
All residents should receive adequate supervision and assistance to prevent any type of accident
How to report nursing home abuse?
It’s mentioned in the earlier points that unless a legally qualified expert reviews the case and determines that the nursing home has deviated from the standard recognized care, one should not take legal action.
Ensure the safety of your loved one
Do not hesitate to call 911 if you believe that your loved one is a victim of Abuse.
Before any legal action, it’s best to take your loved one out of the nursing home to prevent any further abuse.The legal action can stretch for months so it’s important to ensure the safety and protection of your loved one.
Notify the Nursing home about abuse
All nursing homes are bound to provide a standard grievance process as per federal regulation.
- You can notify the authorities through the grievance process personally or you can write them a letter.
- You should keep a copy of this letter for your records
File a complaint with the state agency
All US states have an Adult Protective Services (APS) agency.
- Typically, one needs to fill out a form to report the abuse.
- A caseworker will talk to you and begin an investigation of the facility after you file the report.
- This is only done once the caseworker receives consent from the patient.
File a complaint in the court
If you’re not happy with the proceedings, you may file a complaint in court with the help of your attorney.
Generally, a personal injury lawsuit is filed to compensate the damages to you or your loved one.
In some cases, your lawyer may advise you to file a medical malpractice claim. Particularly if the type of abuse is depriving your loved one of needed medication or medical treatment.
Consider Settlement
Once you’ve filed the complaint, the nursing home will offer you a settlement to resolve the claim process.
Your attorney will provide advice on whether he or she believes it would be in your best interest to accept, reject, or make a counter-offer.
Court Trial
If your case does not settle, it will head to trial and the court will schedule a trial date, you then must work with your attorney to develop a trial strategy and prepare.
At trial, the jury will decide the amount of compensation based on the evidence provided by both parties during the trial.
Schedule A Consultation With One Of Our Attorneys Now!
We Get Results
$800,000
Truck Accident Personal Injury
$695,000
Industrial Personal Injury
$500,000
Drowning Personal Injury
$350,000
Car Accident Personal Injury
$250,000
Truck Accident Personal Injury.
$250,000
Auto Accident Personal Injury
$250,000
Auto Accident Personal Injury
$140,000
Personal Injury
$125,000
Bed Bug Personal Injury
$100,000
Car Accident Personal Injury
$100,000
Car Accident Personal Injury
$100,000
Car Accident Personal Injury
$85,000.00
Car Accident Personal Injury
$1,000,000
Elder Abuse
$375,000
Elder Abuse
Natalie K
Mr. Stephen Mashney was my lawyer in a recent case. Throughout our discussions he identified all the possible outcomes in… Read more “Natalie K”
Basil I
I used A1 Accident Lawyer when I had my auto accident and was very pleased with their top notch service.… Read more “Basil I”
Evelyn C
Mr. Mashney of A1 Accident Lawyer a terrific attorney. I had to meet with Mr. Mashney regarding a construction issue… Read more “Evelyn C”
Edna E
I had to deal with some legalities just recently and called up Sammy Mashney since he is just a few… Read more “Edna E”
White B
A1 Accident Lawyer is everything a law firm should be. They combine conscience with competence, principle with professionalism. When speaking… Read more “White B”
Lyna N
Had a great experience with Mr. Mashney. He was very professional and gave me good advice. He took my concerns… Read more “Lyna N”
Yasser A
I strongly recommend the support of the A1 Accident Lawyer for both business and individual legal matters. within at least… Read more “Yasser A”
Fadi A
I don’t know where to start. Mr. Sami has been my Attorny for years. He is loyal, intelligent and wonderful… Read more “Fadi A”
Mike A
I would like to thank attorney Stephen Mashney for his exceptional work in handling my case. He and his staff… Read more “Mike A”
Emmanuel V
I was a student in need, and Stephen resolved my problem. I was so concerned with the cost because I… Read more “Emmanuel V”
Zainab E
A couple years ago I was in a car accident that was extremely life changing to the point where I… Read more “Zainab E”
Cidney W
Good business, very satisfied, they always call and update you with concerns from your Case, very professional and honest”
Maria V
The best Law Office in Orange County. The staff it’s always cordial and very attentive with me all the time… Read more “Maria V”
Adam J
Professional, helpful, honest. In the few times I have needed legal advice, the team here has gone through lengths to… Read more “Adam J”
Sam A
A1 Accident Lawyer firm has been handling all my business legal matters since 1999. They set up my corporations, review… Read more “Sam A”
Rusty H
Out of all the attorneys that i have had to use mr mashney is the best.when i had a problem… Read more “Rusty H”
Jasmina S
Mr. Mashney is the best! Definitely recommend him to anyone in need of legal help. He’s very honest and truly… Read more “Jasmina S”
Jad I
My license was suspended after I received a ticket for crossing a double yellow line on the freeway, being in… Read more “Jad I”
Andre A
Sam (Stephen) knows immigration laws, and the staff are very helpful and resourceful. I got a great value for the… Read more “Andre A”
Araceli A
I have to say they are amazing. Extremely professional and helpful. I have always seen lawyers as people just out… Read more “Araceli A”
Snehal K
Stephen and Sherie have helped me on multiple occasions with my minor legal issues. I’m grateful for their assistance.”
Nezar A
Picking a lawyer to represent you is extremely difficult. Fortunately for me, I was referred to A1 Accident Lawyer by… Read more “Nezar A”
April H
The A1 Accident Lawyer, did an excellent job with my case. Their team (specially Sherie) were extremely helpful, they answered… Read more “April H”
Serennaa B
We came in regarding a judgment on my boyfriends credit and an order for garnishment we weren’t sure what to… Read more “Serennaa B”
Melissa G
After I was rear-ended on the freeway and totaled my car, it was a real dilemma for me. The damn… Read more “Melissa G”
Berlin F
After getting into a car accident A1 Accident Lawyer helped me the whole way through. They kept me informed on… Read more “Berlin F”
Mike R
If you’ve been hurt in an accident and you are considering finding an injury claim lawyer to get any compensation… Read more “Mike R”
Mohamed K
I have been looking for a legal consultation regarding a matter and i started looking online for an office to… Read more “Mohamed K”
Omar H
A1 Accident Lawyer helped me tremendously in the times I needed legal action taken. This firm has there priorities organized,… Read more “Omar H”
Tarek A
This lawyer is really trustworthy because he gave us the advice without knowing us. I really recommend him. He is… Read more “Tarek A”
Byron C
Mr Mashney and his entire staff are the most professional and responsive team I have ever encountered in his fields… Read more “Byron C”