Filing a Nursing Home Negligence Lawsuit

May 20, 2011 - 3 minutes read

Nursing home negligence is a despicable event where assailants prey on the helplessness of the elderly and disabled. Every year new reports arise to reveal the appalling treatment by people who are supposed to be caretakers. As an unfortunate victim or family member of a victim of this tragedy, you need to be prepared to take action against nursing home negligence. The following is a brief overview of the legal process for a nursing home negligence lawsuit.

Evidence

Nursing home abuse can include a variety of situations including physical attacks, malnutrition or dehydration, or the use of a punishment system. To assist your lawyer, compile as much specific evidence on the type of abuse, timeframe, and possible assailants. If your loved one has developed wounds or bruises, ask medical personnel if treatment was given and document medical records. You should also question roommates, friends, and nurses about any inconsistencies or disruptions.

Legal Proceedings

Your lawyer will discuss your legal options once they combine your evidence with their own investigation. Cases can either settle out of court or can be determined by a jury. The majority of claims are settled but depending on the severity of the situation the case can be tried in court. Your attorney will pursue the best course of action possible, but you should also know that this process can become lengthy. It’s important to stay prepared for this type of situation.

Compensation

Compensation is determined based on the specifics of your case. Your attorney will work hard to justify your claims in accordance to the law. However, compensation is not guaranteed. Do not be deterred from beginning this process. Your case cannot only help you, but other patients who might have been subjected to the same kind of abuse.

At the first sign of nursing home negligence,begin your investigation. You might also want to remove your loved one from the harmful situation to prevent any further abuse. Nursing home abuse situations are very serious and the legal system depends on victims to bring these cases to light. If you have concerns about a senior care facility, take the necessary precautions and contact a nursing home abuse lawyer as soon as possible.