Filing a Nursing Home Abuse Lawsuit
- May 21, 2018
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Filing a nursing home abuse lawsuit is one of the many ways to protect victims of nursing home abuse and neglect. The Nursing Home Reform Act (NHRA) of 1987 protects the rights of residents in nursing homes. The NHRA gives the guidelines to the minimum standard of care and services to be followed in nursing homes. If the home fails to meet any of the guidelines given by the NHRA, the residents can file a lawsuit for abuse and negligence. Common legal claims you can make in a nursing home abuse lawsuit may include:
- Medical malpractice
- Physical Abuse
- Sexual abuse
- False imprisonment
- Negligent hiring
- Financial fraud
- Premises liability
Before filing a lawsuit you will need to determine who is filing the lawsuit. If the lawsuit comes under civil cases, the person who is the victim has to bring the case. In cases where the victim is not in a mental and/or physical capacity to file the lawsuit, the person who holds the current power of attorney or the person who has been named as the guardian in the court order may do so. In criminal cases where the victim is sexually or physically abused, the state will file the lawsuit.
You also need to identify whom to sue in the lawsuit. Typically, this could be the person who caused the abuse and neglect, the manager who hired and supervised the offender or the owners of the nursing home. In some cases the state also allows you to name “Doe” defendants before you are able to identify the offender.
Filing a nursing home abuse lawsuit begins with an investigation where all relevant evidence such as photos, videos, eye witness statements, medical records, and expert witness opinions are put together to build a case. Then the evidence is brought before the judge for deposition, cross examination and request for admissible documents in court. After this, the case proceeds to pre-trial. Here all evidence and materials are disclosed and discussed between the defendant and the plaintiff. The lawyers from both sides then come up with their strategies as to how they would like to proceed for trial or settle the case before trial. Finally, the case goes to trial. Here the witnesses testify before the judge and jury. The jury then gives the verdict which decides the degree and severity of the neglect.
The plaintiff and the defendant can also choose to settle the case any time before the jury’s verdict. Most nursing home abuse cases are settled out of court before going to trial.
Contact Rockland Injury Lawyers
Our firm is one big family, and we extend this philosophy to our clients. We assure you that you will be treated with compassion and care during this difficult time. We are dedicated to providing unsurpassed legal representation and client service. The Nursing Home Abuse and Neglect Attorneys at Rockland Injury Lawyers, are experienced in handling nursing home abuse cases and will assist you in the investigation and prosecution of your case. Call 845-709-8005 / 800-940-1799 or email firstname.lastname@example.org.