Nursing Home Abuse and Neglect Lawsuits
When you place a family member or loved one into the care of a nursing home, you expect them to receive the proper care and to be treated with the respect and dignity they deserve. Unfortunately that is not always the case. Nursing home residents sometimes suffer abuse and neglect at the hands of the staff. The neglect and abuse can take many forms, including, but not limited to, medication errors, unexplained falls and financial exploitation. Some of these situations require the involvement of law enforcement. Another form of recourse after abuse and neglect that nursing home residents and their loved ones may want to consider is a nursing home lawsuit.
While criminal cases are brought by the state, civil cases are brought by individuals. A nursing home lawsuit would fall under the category of civil cases, therefore it must be brought by an individual. This means that in nursing home cases the victim of the abuse or neglect will likely have to be the one who files the lawsuit. In cases where the victim has a diminished mental capacity, it may be possible for someone with the victim’s power of attorney to file the lawsuit on behalf of the victim.
When filing a nursing home abuse or neglect lawsuit, there are several defendants that can be named. One defendant that may be named is the person or persons who caused the injuries. Another person or persons who may be named are the supervisors of the person who caused the injury if they were aware of the injury and in charge of supervising. The company, owner and/or operator of the nursing home may also be named as a defendant in the matter.
If you suspect you or your loved one may be suffering from nursing home neglect or abuse, it is a good idea to contact an experienced nursing home attorney. A nursing home attorney can advise you if you have a claim and how to proceed. An attorney will take a lot of the burden off of your shoulders and help to ensure that you or your loved one receives a fair outcome.