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Why Would You Sue a Nursing Home?

20

April

2016


Suing a nursing home is a complex process. It requires a thorough investigation, analysis of evidence and establishment of the right to collect compensation for physical, emotional and financial harm that you or a loved one has suffered. It can also be a mentally draining process.

With that said, suing a nursing home may be appropriate in many situations. It can be the most effective way to seek just compensation, hold the nursing home accountable for the damage it has done and, ultimately, to protect others from suffering similar nursing home abuse or neglect in the future.

The following are reasons why pursuing a lawsuit against a nursing home may be in a person’s best interest:

1. You suspect that abuse or negligence has occurred.

If you see signs of abuse or neglect of your loved one, you may have the right to take legal action.

Neglect refers to the failure of a nursing home to provide the care and attention that its residents deserve, while abuse generally refers to intentional misconduct.

Malpractice is a type of negligence that occurs when a medical professional within a nursing home fails to treat a patient in a manner that is consistent with the medical standard of care.

Signs of nursing home abuse, neglect and malpractice include:

  • Fall injuries – While some fall injuries result from truly unpreventable incidents, a fall injury may also indicate that a resident did not receive the care and attention that he or she deserved or the facility was not maintained in a safe condition.
  • Bedsores – According to the Centers for Disease Control and Prevention (CDC), about 11 percent of nursing home residents have bedsores, or pressure ulcers. Bedsores are completely preventable. They often occur among nursing home residents with limited mobility. This is due to the failure of nursing home staff members to move the patients regularly for prevention purposes.
  • Medication errors – Mistakes made with medication in nursing homes are largely preventable. They can also carry devastating consequences. Medication errors may include prescribing the wrong type of medication, administering the wrong dosage of medication or failing to give a patient a medication at all.
  • Weight loss or other physical or emotional changes – Other signs of nursing home abuse or neglect may be any physical or emotional changes in a nursing home resident, including the appearance of bruises or cuts, poor personal hygiene, weight loss, depression, social isolation or withdrawal or angry outbursts. These physical and emotional changes may signify that the resident is not receiving proper nutrition or healthcare, or the resident is the victim of emotional or physical abuse.

2. You brought your concerns to the nursing home administration staff, and nothing changed.

If you suspect that nursing home abuse, neglect or malpractice is occurring, you should bring your concerns to the nursing home staff and administration. If you believe that your concerns are ignored or you did not receive adequate answers, or if the suspected abuse or neglect continues, it may be time to think about filing a civil action.

3. The abuse worsens, and harm results.

If your loved one within a nursing home has suffered injury or a health complication that you do not believe would have occurred but for the nursing home abuse or neglect, then you may seek to hold the nursing home liable for that harm.

You will have to prove that the nursing home owed your loved one a duty of care (often implied in these types of cases), and that that duty of care was violated. You would also need to show that the negligence was the cause of your loved one’s harm, and that your loved one has suffered actual losses as a direct result.

4. A lawsuit can lead to compensation.

Another reason to file a lawsuit is that it may be the only way to recover the compensation that your loved one deserves. A lawsuit against a nursing home in Chicago may yield damages for:

  • Nursing home expenses, including medical expenses and other care costs
  • Future medical or treatment costs
  • Non-economic damages such as pain and suffering.

If the nursing home abuse results in death, you may pursue a wrongful death lawsuit against the nursing home.

5. A lawsuit can help to prevent future cases of nursing home abuse or neglect.

Filing a lawsuit against a nursing home is not just about recovering compensation. It is also about raising awareness about the fact that the nursing home has committed neglect or abuse and preventing future cases of nursing home abuse from occurring.

By bringing a lawsuit, you are seeking to hold a medical facility accountable and responsible for the harm that you suffered. It may lead the facility to implement new practices that are designed to better protect patients.

How Our Lawyers Can Help You

When to file a lawsuit against a nursing home, or how to file one, can be confusing matters. Filing a lawsuit against a large entity like a nursing home can also be intimidating.

The nursing home is sure to have an experienced team of attorneys on its side. To help you navigate through the process, understand the pros and cons of taking legal action, gather evidence, prepare a case, file a lawsuit, and litigate in court, if necessary, you need an experienced nursing home abuse and neglect lawyer on your side.

At Salvi, Schostok & Pritchard P.C., our nursing home abuse and neglect attorneys are passionate about defending nursing home residents whose rights have been violated. We will advocate for you every step of the way.

To learn more about how we can help you, contact us today and receive a free case evaluation.

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