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How To Sue A Nursing Home For Negligence?

How To Sue A Nursing Home…

The number of cases involving nursing home negligence has continued to rise. Statistics under the United States Department of Justice shows that approximately one out of ten elderly people over 65 years old suffer from negligence each year. There are many failures, acts, or accidents that can push the law to hold a nursing home liable for negligence. However, the mere decision to take legal action against a nursing home can be challenging. You may be concerned about tending care to your loved one who is affected or even wonder about the legal fees to be incurred during the process. Keep in mind that if you fail to take action against such a facility, they may not be careful, and similar problems may keep on recurring. To do this, you need to know some things.

What is Nursing Home Negligence?

Nursing home negligence is failing to provide the necessary standard of care that is legally required to patients. Though negligence sometimes may not be intentional, there is no excuse for that. An anchorage attorney can help you file a nursing home negligence claim and get the respect and compensation you deserve for your loved one. Nursing home negligence mainly involves:

  • Medical negligence:This is the failure to attend to a patient’s medical concerns. It can result in infections, bedsores, or flexibility issues.
  • Physical negligence:This is when an individual uses force that may result in physical harm. It can include assault or battery to the patient. If your loved one has cuts, scratches, bruises, or burn marks, it could be an indication they are physically abused.
  • Emotional negligence:This involves leaving a patient alone, ignoring them, or treating them harshly. It can also be termed as psychological abuse.

If you suspect your loved one has been abused, it’s good to report to the proper authorities. If you don’t know where to start, you can contact an attorney.

What Are The Nursing Home Negligence Legal Claims

If you want to sue for the below, legal counsel may do a long way in helping you get the best compensation. Nursing home negligence claims are different in each state, and failure to define your claims correctly may result in complaint dismissal. The claims can include:

  • Failure to provide adequate medical treatment:If the person responsible for offering medical treatment fails to do so, the substandard care can warrant a legal claim.
  • Negligence hiring:The plaintiff is supposed to prove the act of negligence which relates to his/her particular case. If a manager hires an incompetent staff who ends up neglecting or intentionally harming a patient, he/she may be held liable.
  • Lack of safe premises:Patients who can’t walk on their own may have trouble navigating the premises. This may lead to injuries that may warrant a negligence suit.
  • Negligent supervision:This can result in chocking, slip and fall accident or any other accident to the patients who may not be attended for long.

Lack of proper health and safety policies: If the sanitary conditions at the nursing home are not conducive such as to cause harm to the patients, the nursing home can be sued for negligence.

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