Legal Procedures

While laws regulating the standard of care for elder care facilities may vary state to state, almost every state recognizes certain injuries to be indications of nursing home abuse and negligence, violating the rights of and causing harm to the resident.

One of your remedies is to take private legal action against the nursing home in state court. Each state has a different set of laws, but the most common suits are for abuse and neglect or wrongful death. Some states also have unfair business practice laws that allow any individual to sue, but usually without much compensation. If your state has an effective unfair business practice law, your attorney may use it along with a neglect and abuse or wrongful death case to get remedial action. If you suspect a loved one may be in danger in a nursing home, call an experienced attorney. It won't cost you anything to discuss your concerns, and you may decide that moving forward with a claim of abuse or neglect is your best option. Don't let your loved one suffer at the hands of an unethical nursing home.

Nursing homes exist in order to furnish care for people who are unable to care for themselves. When a nursing home fails to fulfill its duty of care, it may be held responsible for injuries caused to the victim of poor care. Because nursing home occupants generally have other serious health problems which necessitated nursing home care to begin with, they are more vulnerable to sustaining injury than are healthy people. Whenever there has been a noticeable change in the appearance, general health or behavior of the nursing home resident, it is appropriate to make a complete inquiry and to document completely what is observed. This may include taking names of all staff, taking photographs and videos and notifying authorities and all medical care providers of the observations. It is important to seek legal counsel immediately, since any injuries may be life threatening and the victim's ability to participate in the investigation may be severely impaired.

If the resident is of sound mind - has not been declared incompetent- the resident is the primary person to file a nursing home abuse lawsuit against the healthcare facility for the substandard care received. If the resident is not of sound mind, a family member or close friend or person with Power of Attorney may file the suit on the resident's behalf.

If the resident is deceased, a family member, such as a spouse or child, may file a lawsuit for the wrongful death of a resident.

It is important to keep in mind that each state has a statute of limitations which restricts the amount of time a person has to file a nursing home lawsuit. Retaining the services of a qualified and experienced legal professional is a crucial aspect to filing a nursing home lawsuit. One of our experienced attorneys can evaluate the facts of your case to determine your legal rights and options in a nursing home lawsuit. Our attorneys know the laws applicable to your case and can protect and maximize your interests.

Nursing home professionals have a duty to provide a standard of care and quality of life to each patient under their care. When these duties are not fulfilled and a patient suffers a nursing home injury, the negligent nursing professional or facility can be held liable for resulting damages.

Nursing home injury cases caused by nursing malpractice are a widespread problem in the United States. In 2003, USA Today reported that half of all nursing home patients suffer from untreated pain. While this pain is not always a direct cause of nursing home abuse, nursing professionals do have a responsibility to treat any patient with a nursing home injury. Federal government studies have indicated that at least thirty percent of the nursing homes in our nation have committed some form of negligence or malice that has caused nursing home injury to patients.

In response to this widespread occurrence of nursing home injury cases attributable to malpractice, the federal government passed a comprehensive law in 1987 called the Federal Nursing Home Care Reform Act. This law created a minimum set of standards regarding the care and rights of people living in nursing home facilities. As a result of this law and the prevalence of nursing home injury cases, state agencies now conduct unannounced inspections and evaluations of nursing home facilities every nine to fifteen months.

State inspectors investigate nursing home injury cases as well as any cases of non-compliance with nursing home standards. The results of these inspections are considered public information as well as any nursing home injury cases which are further investigated or prosecuted. There are at least 150 standards through which nursing home facilities are evaluated as outlined by federal law.

If you or a loved one has been the victim of nursing home abuse, please contact one of our experienced attorneys who will evaluate your case and assist you in protecting your rights.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.