Nursing Home Litigation

Nursing Home Litigation

Nursing home litigation can be pursued against a nursing home facility or members of staff who have committed acts of negligence or abuse leading to resident injury or suffering. Nursing home litigation can be initiated on behalf of nursing home residents who have suffered physical, mental, psychosocial, or financial losses as a result of nursing home malpractice. A qualified and experienced attorney can help a nursing home resident and their loved ones through the nursing home litigation process while protecting and maximizing their legal interests.

Nursing home litigation can help a person seek compensation for losses suffered as a result of nursing home malpractice. Nursing home malpractice is neglect or abuse perpetrated by a facility or member of staff against a nursing home resident. It can include acts of neglect resulting from understaffing or poorly trained staff that fails to deliver proper and adequate care, inadequate patient supervision, failure to treat a patient's ailments, failure to accommodate a resident's needs, and much more. In other cases, nursing home litigation may involve a facility or staff's intentional actions which do harm to resident.

There are several signs that may indicate cases of abuse or neglect against nursing home residents. Residents who present the following ailments may be the victim of nursing home malpractice: bed sores, pressure sores, infections, untreated pain, dehydration, malnutrition, unexplained injuries, fractures, rapid weight gain or loss, and the like. Unsanitary conditions, improper medication administration, lack of adequate supervision, and any violation of a resident's rights may be viable grounds for pursuing nursing home litigation.

Unexpected death of a nursing home resident may also be cause to investigate the factors leading up to the resident's death. One study conducted in 1999 found that of 500,000 residents who died while in a long term care facility, over four thousand died as a result of dehydration, starvation, or bedsores. These causes of death are all viable grounds for loved ones to pursue nursing home litigation on behalf of the decedent. When a nursing home resident is the victim of wrongful death, their loved ones often have the legal right to pursue nursing home litigation.

Nursing home litigation may differ depending on the state in which the nursing home malpractice takes place. Federal law plays a major role in directing the course of nursing home litigation. The Nursing Care Reform Act of 1987 sets forth a number of standards that must be met by nursing home facilities. Violation of these provisions may be viable grounds for nursing home litigation.

Nursing home litigation is often reserved for cases of serious neglect or abuse. There are other remedies possible when nursing homes fail to provide adequate care to their residents that can be explored prior to pursuing nursing home litigation.

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Emotional Abuse in Nursing Homes