Nursing Home Cases: Here’s What Happens

Posted On: December 20, 2018

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Nursing home negligence is just as bad as outright abuse. It is just as unacceptable to ignore a patient as it is to hurt them intentionally. For instance, a nursing home with call buttons is supposed to have nurses and aids ready to come to the assistance of those who need help in bed, getting out of bed, moving to the restroom or just changing positions. If there is no one responding to these calls, patients could be left without the care they need.

It is a difficult decision to place a loved one in a nursing home, and that is something that these facilities have to respect. They should be treating your loved one as if they’re their own mothers, fathers, sisters, brothers or other loved ones. If they mistreat your loved one, then they should be held responsible.

What happens if your loved one is hurt at a nursing home?

It depends on the facts of the case, but each case will begin with a report to local law enforcement. At that point, it’s best to reach out to your attorney for guidance on building your case.

The lawsuit you file is not the same as a criminal lawsuit. Even if no criminal charges will be filed, your lawsuit’s goal is to obtain compensation. This compensation may compensate you or your loved one for losses suffered as a result of the nursing home’s negligent actions.

With any lawsuit, there is normally a chance for the nursing home to settle the claim. The nursing home may make a settlement offer to you, but if it is not for an acceptable amount, then you don’t have to take it.

In the case that you cannot agree on a settlement, your case may go to trial. There, a judge will listen to your arguments as well as the nursing home’s defense. The trial may involve a single judge or a judge and jury. In either case, you will have until the final ruling to accept a settlement or will be able to take what you are awarded in court.

Nursing homes have a responsibility to those they serve. Your loved one deserves better than to be neglected or abused in a nursing home’s care. It is your responsibility to make sure that your loved one’s care is reported so that you can take the nursing home to court and make sure it’s held responsible.

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