What’s the Process of Suing a Nursing Home for Neglect?

Published on May 14, 2020 at 10:44 am in Nursing Home Abuse.
What’s the Process of Suing a Nursing Home for Neglect?

A nursing home should be a place where you or your loved one can receive the best care possible in their later years in life. Most times, your loved one is in good hands. Unfortunately, though, sometimes they are mistreated in their long-term care facility. In fact, 7.6% of mistreatment occurrences in nursing homes are instances of abuse or neglect.

When your loved one is neglected at their long-term care facility, you might be unsure of what to do because you didn’t expect it to happen to your family. Corban Gunn, Attorney at Law knows how hard this is for your family and will guide you through the process of suing your loved one’s nursing home for neglect. Let’s look at the steps you will go through before filing your claim.

Report the Neglect

Your first step when you suspect your loved one is being neglected by their nursing home staff is to report your suspicions to the administration. This gives them the chance to address the treatment and change their methods. If things don’t improve, or if things get worse, you’ll want to report the neglect to other people in charge.

The next step is to report the suspected neglect to a nursing home ombudsman so they can advocate for your loved one. The federal Older Americans Act requires each state to have an Ombudsman Program that advocate for residents’ rights and proper care. After that, you’ll be able to report the neglect to the proper authorities so there is a report created by police to support your claims and help you later in your case.

Get Your Loved One Medically Evaluated

Since your loved one has experienced neglect that has physically and emotionally harmed them, they’ll need to be evaluated by a medical professional to record their injuries. The doctors at their current home could further perpetuate the neglect, so you’ll want to take them to a third-party who is not affiliated with the facility. Through the injury reports, you’ll have more proof of the neglect that your loved one endured and will be more able to hold the nursing home responsible in your claim.

File a Nursing Home Abuse Lawsuit

Once the abuse has been reported to all the proper parties and no changes have been made, and your loved one has been medically evaluated, you can move on to filing a lawsuit against the nursing home for negligence. There are multiple parties you can sue if you can prove they were negligent or allowed the neglect to continue, they are:

  • The staff member who neglected your loved one
  • Supervisors who were aware of the neglect but did nothing to stop it
  • The owner of the nursing home

Once you know who you are making your claim against, you’ll determine exactly what they were liable for. Since you went through the process of reporting the neglect and getting your loved one evaluated, you’ll have proof of your claims, and have a better chance at winning your case. A nursing home abuse lawyer is a great addition to your team so you can feel even more confident in your case. They will be able to fully explain the process of your claim and ensure that you have all the proof and support that you need.

Know the Signs of Nursing Home Neglect

Before you file a case against a nursing home for neglect, you’ll need to know what to look in your loved one’s actions. Here are some of the warning signs that your loved one could be experiencing neglect in their long-term care facility:

  • Unexplained weight loss
  • Bed sores
  • Poor hygiene
  • Unsafe living conditions
  • Depression

Your loved one deserves proper care, and neglect in a nursing home can lead to serious physical and emotional injuries, and in serious cases, even death. When that happens, you’ll need a Biloxi personal injury lawyer who will fight for their rights. Corban Gunn, Attorney at Law will support you through your claim and ensure that the mistreatment of your loved one does not go unpunished. Reach out to our office today so we can discuss your options and get started on your case as soon as possible.



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