Suing a nursing home for negligence

Suing a nursing home for negligence

By Julianne Fitzgerald
On 02 May, 2019

    Watching a family member grow older can be an overwhelming experience for many people especially when nursing homes fail to provide the necessary care your loved ones need. Even when you choose a facility that seems to meet all the requirements, you can’t eliminate the possibility that nursing home abuse will occur, and that you may need to hire a nursing home abuse and neglect lawyer Miami to help you initiate a lawsuit. The guilty parties should compensate the victim’s family for any harm suffered, but several things must be proven in court first.

    Pre-suit Investigation

    The initial step is to notify the nursing home and give them some time to investigate the allegations before a lawsuit is filled in court. The nursing home has up to 75 days to conduct the investigation and provide the plaintiff with a settlement offer towards the end of this period or a written rejection of the allegations. The plaintiff would either accept or reject the offer and file a lawsuit in court if no settlement was reached.

    Proving Negligence

    Nursing homes have a responsibility to provide their residents with the care expected, including medical care at the same level of a trained medical professional would. Therefore, if someone working at the facility fails to give a resident his or her medication in a timely manner, or mistreats a resident, the home could be liable if the resident suffers harm as a result of these actions. Issues such as the duty of care, breach, and damages need to be proven in court in order to win the trial.

    Types of damages

    There are several types of damages to compensate a resident for an injury or abuse suffered:

    • Pain and suffering (physical and mental)
    • Emotional distress
    • The cost of required medical treatment

    Punitive damages may be awarded as well under some circumstances. These damages are meant to punish the defendant and prevent similar behavior from happening in the future.

    What’s the average settlement amount?

    Each case is different as well as the type of injuries sustained and circumstances that led to nursing home abuse. Your attorney is the best person to ask these questions. Keep in mind that every case has unique facts, and evidence. According to a recent study by Health Affairs, the average amount of compensation is $406,000. Luckily, states like Florida and Texas typically receive a higher amount than the average.

    Talk to us

    Nothing can be more heartbreaking than realizing your elderly loved one has been abused and neglected by people you entrusted with their care. We understand it can be emotionally draining, but you must take action so that this behavior stops and other residents don’t suffer the same fate.

    If your loved one has suffered physical or emotional harm at the hands of nursing home staff, make sure to give us a call to schedule a free consultation. A nursing home abuse lawyer can help you take the necessary steps to hold the facility accountable and fight to get the compensation your loved one deserves.