Suing a Nursing Home for Negligence

Sue Anyone in Small Claims Court Suing a Nursing Home for Negligence

Suing a Nursing Home for Negligence

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According to the National Council on Aging, up to 5 million elder Americans are abused every year. When nursing homes fail to provide an acceptable standard of care to their residents, you may hold the facilities legally and financially accountable. 

In this article, we will discuss reasons for suing a nursing home, what evidence you need to prepare, and the types of damages that you can seek. We will also introduce you to a hassle-free way of suing using DoNotPay


What Constitutes Nursing Home Negligence?

Nursing home negligence means the failure of staff members of the nursing home to look after or fulfill obligations to a resident. Some examples of nursing home negligence are as follows:

 

Example Description
Insufficient Medical Care and Monitoring  This happens when the medical professionals fail to uphold the appropriate medical standards of care or when they misdiagnose, mistreat, or fail to monitor their residents.
Inadequate Supervision This happens when call buttons are ignored or when the nursing home residents lack supervision.
Hazardous Facilities  This is when the facility is aware of hazards in its premises but fails to protect its residents from dangers such as slipping and falling. 
Violations of Health and Safety Policies This is when nursing homes violate the rules and regulations or fail to maintain compliance.

What to Do if You Suspect Nursing Home Negligence?

In some cases, the abuse has obvious signs that are easily noticed by friends and family members. However, nursing home neglect may be challenging to discern. If you suspect nursing home negligence, here are some pointers on what to do:

  1. Report incidents to the nursing facility – If there is any concern about your loved one’s safety, you must talk to the supervisor quickly. However, if the problem continues or if the violation is severe you may have to file a legal claim. 
  2. Seek medical treatment – If your loved one was involved in a fall or a bed rail injury, make sure to seek medical treatment. The medical record may serve as valuable evidence later on when suing a nursing home for negligence or elder abuse
  3. Gather evidence of injuries and safety violations – Document your loved one’s injuries by taking pictures of the scene of the accident, dirty facilities, or your loved one’s injuries. You may also consider getting the names and contact information of witnesses who can provide testimonies regarding your loved one’s injuries. 

How to Prove Nursing Home Negligence?

If you decide to file a lawsuit against a nursing home for negligence, make sure to anticipate them to protect themselves and their financial bottom line. Indeed, they may create self-serving records, refuse to document issues or place the blame on the victims. The table below shows evidence you should gather: 

 

Evidence Example
Proof of the nursing homes’ negligence and regulatory non-compliance
  • Medical records and nursing notes 
  • Photographs and videos 
  • Witness and experts testimonies 
  • Information about the nursing home’s hiring practices 
Economic and non-economic damages
  • Medical bills 
  • Estimates of long-term medical needs 
  • Information about their physical pain and mental distress 
  • Expert testimonies about reduction of quality of life and life span 
  • Evidence that shows financial exploitation

 

Damages to Seek When Suing a Nursing Home

If you win your case, you may be entitled to the following compensation:

  • Coverage of medical bills for treatments as a result of the neglect 
  • Cost of continued care at the same facility 
  • Cost of relocation to a new facility
  • Pain and suffering damages 
  • Loss of quality of life damages 
  • Punitive damages

How to Sue a Nursing Home with DoNotPay?

If you believe that your loved one was neglected while inside the care of a nursing home, it is possible to file a small claims lawsuit against the facility to recover damages and attain justice. However, suing a nursing home for negligence is a time-consuming and complex process. Let DoNotPay do the work for you! You can file a lawsuit at the comfort of your home by following 4 simple steps:

  1. Log in to DoNotPay and select the Sue Now Product
  2. Enter the dollar amount you are owed
  3. Select whether you want a demand letter or court filing forms
  4. Describe the reason for the lawsuit and submit any applicable details, including photo proof

That’s it! The world’s first robot lawyer will generate a demand letter or court filing forms for you. Also, a copy of your demand letter will be mailed to the nursing home on your behalf!

DoNotPay – The AI Lawyer You Can Trust

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DoNotPay doesn’t stop at helping you sue a nursing home for negligence. As the world’s first robot lawyer, we’ve helped thousands of users sue anyone, from their next-door neighbors to big corporations such as: