1. Define nursing home negligence.
2. What should I do if I believe that I have a nursing home negligence claim?
3. If I take legal action against the nursing home facility, will this stop the abuse?
4. Should I remove my loved one from the nursing home facility?
5. What if a resident makes claims of abuse and has dementia or Alzheimer’s?
6. What must be shown to win a nursing home negligence case?
7. Will I have to go to trial?
8. How long will it take to resolve the nursing home neglect case?
9. What does your firm charge for legal fees?
10. How much time do I have in which to bring a nursing home neglect claim?
1. Define nursing home negligence.
Nursing home negligence is term to describe an incident involving departure from accepted standards of nursing home care on the part a nursing home and/or its employees that causes injury. Nursing home negligence can include mistreatment, failure to provide basic care, abuse, and prescription errors, among other things. Usually, nursing home negligence is not obvious to a lay-person and requires analysis and review by nursing home negligence attorneys and their medical experts.
2. What should I do if I believe that I have a nursing home negligence claim?
The first step is to contact a nursing home negligence attorney immediately if you feel that you or a family member may have been injured due to nursing home negligence. Not every bad result from a nursing home is the result of negligence. However, one should seek out an experienced nursing home negligence attorney who can determine whether or not the injury is a result of nursing home negligence. Usually, this requires the attorney and the attorney’s medical consultants to review records and other information to determine whether or not you have a nursing home negligence case.
3. If I take legal action against the nursing home facility, will this stop the abuse?
It can. If it is clear from the start who committed the neglect or abuse, the nursing home will likely remove those people on their own. If it is not clear who committed the nursing home abuse, our investigators will attempt to find out. Often, the nursing home will deny any wrong doing. This usually results in the need to file a lawsuit.
4. Should I remove my loved one from the nursing home facility?
Yes, if the resident is in danger. We suggest contacting a home health service you feel comfortable with. Check your phone book to find a service.
5. What if a resident makes claims of abuse and has dementia or Alzheimer’s?
You should listen to the resident. Look carefully for signs of mistreatment. Contact us if you see any of the signs of nursing home neglect or abuse. We’ll consult with you for free, and, if we believe abuse or neglect has occurred, we’ll put our team to work on the case.
6. What must be shown to win a nursing home negligence case?
Usually, a person must prove the following:
• The nursing home owed a duty to the resident;
• The nursing home breached that duty;
• The resident suffered an injury; and
• The resident’s injury was a cause of the nursing home’s breach of duty.
7. Will I have to go to trial?
While some cases do go to court, most cases are settled before trial. However, most nursing home neglect cases do result in a lawsuit having to be filed.
8. How long will it take to resolve the nursing home neglect case?
Our first move is always to help you understand your options. The length of time a nursing home neglect case takes depends on the specific facts. In some cases, the neglect is so severe that the nursing home wants to settle out of court early on. In other cases, the nursing home doesn’t feel the neglect was significant. They may not want to settle. It may require a judge or jury to decide. We will do everything we can to move our clients’ cases forward toward resolution.
9. What does your firm charge for legal fees?
Our fee is a percentage of the recovery. You pay nothing unless and until we recover money for you or your loved one.
10. How much time do I have in which to bring a nursing home neglect claim?
The time in which to bring a claim is governed by what is called the “statute of limitations”. The statute of limitations governs the length of time one has to file a lawsuit. After the statute of limitations has run, a person is forever precluded from bringing such a claim. In some cases, the statute of limitations may only be one year. In other circumstances, it might be three years. Many factors determine the applicable period of time. For this very reason, an individual who believes that he or she has a nursing home neglect case, should contact an experienced local nursing home neglect attorney as soon as possible.
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