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When Should You File a Lawsuit Against and Abusive Nursing Home?

January 27, 2023

Residents of nursing homes who have been mistreated or neglected have the right to take legal action against the nursing home for their suffering.

Please know that you don’t have to take the legal route of filing a lawsuit to alert authorities when you suspect nursing home abuse or neglect. You can contact the police, your state’s adult protective services, or the long-term care ombudsman program to investigate the situation.

But if you’re filing a lawsuit against a nursing home for abuse, when should you do it? Read on as a trusted nursing home abuse lawyer shares more information:

Who Can You File a Nursing Home Abuse Lawsuit?

In most cases, the victim of nursing home abuse can file a lawsuit against the nursing home. This can involve filing a civil lawsuit that seeks monetary damages for the victim or filing a criminal complaint against the nursing home that could result in criminal charges.

The victim’s family may also be able to file a lawsuit against the nursing home. This is especially true if the family members were present when the abuse occurred and can provide evidence to support their claim.

A nursing home abuse lawsuit may also be filed by a lawyer or other representative of the victim. This can involve filing a lawsuit on behalf of the victim to seek monetary damages or other forms of compensation for the harm suffered.

What Legal Claims Can You File for Nursing Home Abuse?

A negligence claim is one of the most common types of legal claims for nursing home abuse. This claim is based on the nursing home’s failure to provide standard care for the resident. Negligence claims may involve physical abuse, such as inappropriate use of restraints or medication, and emotional abuse, such as verbal or psychological abuse.

Another type of legal claim that may be available in nursing home abuse cases is a breach of contract claim. This type of claim is based on the nursing home’s failure to fulfill contractual obligations to provide care and services to residents. A breach of contract claim may involve the failure to provide adequate care, the failure to provide services as agreed upon, or the failure to protect the resident from harm.

In addition to negligence and breach of contract claims, other legal claims may be available in nursing home abuse cases. These include claims for intentional infliction of emotional distress, wrongful death, and violation of civil rights. Intentional infliction of emotional distress claims involves deliberate or reckless conduct that causes the victim to suffer severe emotional distress. Wrongful death claims are based on the death of a nursing home resident due to the neglect or abuse of the facility. Finally, civil rights claims are based on violations of the resident’s rights, such as the right to be free from discrimination or unreasonable searches and seizures.

When Should You File a Lawsuit Against a Negligent or Abusive Nursing Home?

Certain legal cases have a time limit for when they can be taken to court for consideration. These restrictions, known as statutes of limitations, vary from state to state. They provide a cutoff date for when a lawsuit can be filed.

It is important to know the time limit your state has set for filing a legal claim. You must act within the allotted period to have the right to take legal action.

Conclusion

Filing a lawsuit against a negligent or abusive nursing home should not be taken lightly. You must thoroughly research the facility and take note of any issues that might indicate neglect or abuse. If there is a pattern of neglect or abuse, it is best to involve a lawyer who can help you with the legal process. A lawsuit can help you seek compensation for damages and can help protect other residents from similar mistreatment. It is also important to remember that there’s a time limit for filing a claim. A nursing home abuse lawyer can help ensure you take legal action within that time limit.

Murray, Stone & Wilson offers the services of an experienced nursing home abuse lawyer who can help you get the justice and compensation you or your loved one deserves. Schedule a legal consultation today!