If a nursing home is understaffed and lacks sufficient resources to keep its residents safe, the facility could be vulnerable to negligence lawsuits. Oftentimes, if an elderly person living in the nursing home cannot sue, a family member can file a negligence lawsuit on their behalf.
Take a look at how you can file a nursing home negligence claim.
When Can I Sue a Nursing Home for Negligence?
A nursing home owes its patients a duty to provide standard care. That includes keeping the residents and patients safe from reasonably foreseeable harm. If the nursing home fails to give proper care or protection, it may be held liable in a personal injury lawsuit.
Typical nursing home negligence claims include:
- Physical abuse. This claim typically involves excessive force, such as striking an elderly patient.
- Emotional abuse. This claim is about mental distress, and it typically accompanies physical abuse.
- Sexual abuse. If there's been non-consensual sexual contact, you could sue for damages.
These claims form legal grounds that allow you to file a lawsuit. If you're considering such a claim, your attorney will need to prove discrepancies in the standard of care and why you should get compensation.
Remember that there's a statute of limitations to such lawsuits. Therefore, you need to take action as quickly as possible. If you're unsure whether or not you have a strong case, your attorney can help you figure out if there's enough evidence.
What Can You Expect from a Nursing Home Negligence Claim?
If your loved one sustains injuries due to a nursing home's negligence, you may be entitled to economic and/or non-economic damages in a personal injury lawsuit. Economic damages may include medical expenses and funeral costs (if the victim dies).
Non-economic damages can be in the form of pain and suffering, emotional distress, loss of companionship, embarrassment, and loss of consortium. The amount you receive will depend on the particular facts and circumstances of the case.
The damages from a nursing home neglect lawsuit may vary depending on several factors such as:
- The nature and extent of the injuries
- If any pre-existing medical conditions worsened the injuries
- The medical treatment and recovery time
If the nursing home negligence resulted from a physician's malpractice, you might be able to sue them as well. However, if the injuries are irreversible or your loved one suffers a life-altering injury, you should consult an experienced personal injury attorney to help you get the compensation you deserve.