Nursing Home Abuse Lawsuit
A nursing home abuse lawsuit can be filed on behalf of nursing home residents who have suffered damages as a result of nursing home malpractice. Nursing home malpractice can include any act(s) of malice or neglect which causes, in whole or part, physical, mental, psychosocial, financial, or any other damage to a nursing home resident. A nursing home lawsuit can help a victim recover what they have lost as a result of nursing home malpractice.
Nursing home malpractice is a significant problem throughout the United States. Comprehensive government investigations have discovered that approximately thirty percent of all nursing homes in the nation have committed intentional or negligent acts which have caused significant harm to nursing home residents. One study of nursing home resident death certificates listed more than 4000 deaths caused by dehydration, malnutrition, and bedsores; all of which are caused, in whole or part, by nursing home malpractice. In 2003 USA Today reported that half of all nursing home residents suffer from untreated pain.
In response to these atrocities, the federal government has attempted to regulate the nursing home industry. In 1987 the Federal Nursing Home Care Reform Act was passed, setting a set of minimum standards of care and quality of life that nursing home facilities must meet or exceed. The primary objective of this law is to ensure that facilities provide services that facilitate, "the highest practicable physical, mental, and psychosocial well-being for each resident." State agencies conduct periodic investigations of nursing home facilities, order corrective action and pursue cases of abuse and neglect when applicable.
State agencies have also been established to investigate complaints of abuse in nursing homes. These can be complaints made by, or on behalf of, nursing home residents. These complaints can be about any deficiency in required nursing home services or may involve cases of obvious abuse. The government can investigate these cases and has the authority to issue a citation, impose a fine, and/or require corrective action.
In cases of nursing home malpractice, a nursing home lawsuit may also be filed by the victim of the abuse. A nursing home lawsuit is the vehicle through which a victim is personally compensated for his/her losses. The most common type of nursing home lawsuit is one that involves abuse, neglect, or wrongful death. A wrongful death nursing home lawsuit can be filed by the family and/or beneficiaries of a nursing home resident who has died as a result of nursing home malpractice.
It is important to keep in mind that each state has a statute of limitations which restricts the amount of time a person has to file a nursing home lawsuit. Retaining the services of a qualified and experienced legal professional is a crucial aspect to filing a nursing home lawsuit. An attorney can evaluate the facts of your case to determine your legal rights and options in a nursing home lawsuit. This legal professional knows the laws applicable to your case and can protect and maximize your interests.
Please contact us to speak with a qualified and experienced attorney about a nursing home lawsuit.