Choosing the right nursing home is crucial when considering the care and overall wellbeing of your loved one. Unfortunately, sometimes nursing homes are negligent, and patients can suffer severe injuries as a result. If your loved one has been injured, you may wonder if you can sue the nursing home for your injuries. The answer is yes, but there are several factors to consider.
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Understanding Nursing Home Negligence
The first step in determining if you can sue a nursing home for your injury is determining if the nursing home was negligent. Negligence is defined as the failure to provide a level of care that a reasonable person would find acceptable and could cause harm to another person.
Nursing home negligence can take on many forms, including:
- Failure to hire competent staff
- Understaffing and inadequate training
- Failure to maintain a clean and safe environment
- Inadequate medication management
- Failure to provide adequate nutrition and hydration
- Failure to prevent falls and accidents
- Lack of proper supervision
- Failure to prevent pressure sores and infections
- Physical, emotional, or sexual abuse
Proving Negligence
To have a case, you will need to prove that the nursing home was negligent and that their negligence caused your loved one’s injuries. This can be challenging as the burden of proof is on the plaintiff (you) to gather enough evidence to support your claim. The evidence could consist of eyewitness accounts, photos of injuries, medical records, or a history of neglect or abuse reports.
Timing is Critical
In most states, there is a statute of limitations that determines how long you have to file a personal injury case. Therefore, it is essential to act promptly if you suspect nursing home negligence. Contacting an attorney as soon as possible is critical to ensuring your case falls within the statute of limitations. Your attorney can help you investigate the case before the evidence becomes lost or altered.
The Role of the Nursing Home’s Insurance Policy
When a nursing home receives a lawsuit, their insurance policy will typically provide coverage for damages. The nursing home’s insurance carrier will hire an attorney to defend the nursing home and try to minimize the amount of damages they have to pay. If the nursing home has no insurance, they may have to pay the damages out of pocket.
Potential Damages
If your personal injury case against the nursing home is successful, you may be awarded damages. Some of the damages that could be potentially recovered may include:
- Medical expenses
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages
Consulting With an Experienced Nursing Home Abuse Attorney
If you believe that your loved one has been injured due to nursing home negligence, it would be best to speak with an experienced nursing home abuse attorney. They will know how to handle nursing home abuse and neglect cases and will be able to walk you through the legal process.
Nursing home abuse attorneys often work on a contingency basis, which means that they will not charge you for their services unless the case is won. Best of all, a nursing home abuse attorney can help you investigate the case, gather evidence, and file a lawsuit to help ensure that your loved one receives the compensation they deserve.
Conclusion
In summary, if you believe that your loved one has been injured due to nursing home negligence, you may have grounds to sue the nursing home. You will need to prove negligence, act quickly, and consult with an experienced nursing home abuse attorney. A nursing home abuse attorney can help you navigate the legal system and ensure that your loved one receives the compensation they deserve.