How Do I Sue a Nursing Home or Care Facility?
If the unthinkable has happened, and you or your loved one has suffered abuse at the hands of a negligent nursing home or caregiver, you may be able to sue the care facility for damages.
Causes of Action for Bringing Suit Against a Nursing Home
There are any number of legal grounds for suing a nursing home or care facility if you or a loved one is injured or killed. The most common causes of action include:
- Abuse: physical, emotional, financial
- Mental Anguish
- Failure to provide adequate care
- Fraud
- Financial irregularities
- Breach of contract
- Failure to comply with nursing home regulations
- Neglect
- Assault
- Personal Injury
- Pain and suffering
Steps to Take in Nursing Home Litigation
Since personal injury litigation can be a complicated process subject to statutes of limitations, you should contact a lawyer of your choice immediately. Attorneys with experience bringing claims against nursing homes for abuse and neglect will have a stronger grasp of the process and better know how to maximize your award.
While your attorney will be with you every step of the way during the process of bringing legal action against a nursing home, there are some measure you can take to expedite matters.
Gather Documentation
As part of the discovery process, you may be asked to produce any documents or materials related to your or your loved one’s relationship with the nursing home in question. To save time, gather these documents in advance, including especially any initial agreement or contracts entered upon with the nursing home.
Beware of Quick Payouts
As with other forms of personal injury, like car accidents, nursing homes and especially their insurance providers may be eager to neutralize your claim by writing you a check. Be careful. By accepting a settlement offer, you may renounce your right to bring a legal action against the nursing home and its insurance carrier. You may also be passing up a much more robust award which may be won through litigation.
Nursing Home Arbitration
A recent decision by the US Supreme court has upheld a previous ruling that nursing homes (and other private businesses) may include special sections in their contracts requiring residents to resolve any disputes arising over care through binding arbitration rather than in a court of law.
Binding arbitration clauses are seen in contracts of all kinds; for example, in investor account opening documents with broker-dealers. However, the practice of including such a clause is becoming increasingly prevalent in nursing home contracts as nursing homes try to contain exposure to personal injury lawsuits.
Pennsylvania & New Jersey Nursing Home Law Firm
If you or anyone you know has been a victim of nursing home misconduct, abuse, or neglect, please contact our experienced elder abuse attorneys immediately toll-free at 1-855-462-3330 or by using our online contact form.
