By 2050, it is estimated that the total number of citizens over the age of 65 will hit approximately 83.7 million. As assisted living becomes more of a norm to accommodate the growing demand for out-of-home care, it is important where you decide to place your loved one. Although many nursing homes take care of their residents properly, there are other facilities that provide substandard care, and in other cases even worse.
What is a Nursing Home Lawsuit?
A nursing home lawsuit takes place when an elder suffers serious injuries while living in a nursing home. The complaint allows residents and family members to pursue monetary compensation from the facilities and/or staff who wronged them.
The most common nursing home lawsuits are:
- Torts. Most nursing home lawsuits are tort cases. The types of nursing home tort cases include abuse, medical malpractice and neglect, and negligence. In order to win a tort case, the attorneys must prove that the nursing home and/or staff acted in a harmful way that caused a resident to suffer.
- Breach of contract. In breach of contract, a nursing home fails to honor the terms of its contract with a resident. Oftentimes, this involves of lack of adequate care.
- Wrongful death lawsuits. Loved ones and family members have the right to pursue a wrongful death lawsuit if an older person passed away from nursing home abuse.
What is the Duration of a Nursing Home Lawsuit?
Everyone’s case is different, and the firm cannot control the actions of the defendants or anyone else present in the case such as insurance companies, judges, or defense teams. Oftentimes, these people and their decisions have an impact on the length of your case.
In accordance with past experiences, medical providers never settle a case prior to us having to file a lawsuit. This means that negotiations alone can take months to finalize once medical providers finally decide to negotiate. If you believe you may have a nursing home case, contact us today to learn what legal rights you have.
What is the Ultimate Goal in Pursuing a Nursing Home Lawsuit?
The ultimate goal in pursuing a nursing home lawsuit is to hold the individuals and institutions that neglected and led to your loved one suffering injuries responsible. In addition, The Carlson Law Firm is suing Texas nursing homes to change the way Texas nursing home residents are treated and to raise the level of care among the residents. We believe that good care and treatment of residents is a requirement and must be fulfilled legally. The following are what nursing homes and assisted living facilities must provide to each resident legally:
- A clean, healthy living environment free from threats or dangers such as neglect or not receiving adequate nutrition and hydration.
- Appropriate medical treatment administered by skilled professionals with access to all equipment necessary to do their job well.
- A responsive staff that assists residents when needed and tailors care to each client’s needs, personalities, and preferences.
If your loved one isn’t being treated the proper and legal way, there may be a problem. Contact our office today to speak to a legal expert and learn about your legal rights.
What are Some Things I May be Compensated for in a Nursing Home Lawsuit?
Although not all slips and falls automatically classify as a lawsuit, here are some things that may be pursued in a lawsuit if your loved one has been injured:
- Failure to develop an adequate fall prevention plan
- Understaffing
- Improper care technique
- Failure to assess, reassess or modify the resident’s care plan
- Hiring unqualified employees
- Failing to provide proper training
- Failure to address hazardous conditions in the nursing home such as wet floors, defective flooring, and inadequate lighting
- Failure to provide care in accord with the fall prevention plan
How Long Do I have to Initiate a Lawsuit Against a Nursing Home for a Patient’s Injury?
It is important to understand that you are vital to the success of this case. In Texas, a person has two years from the date of injury to file a lawsuit; therefore, it is important to have a nursing home lawyer on board. Some of the ways that you can help out in the lawsuit are:
- Get in contact with our office as soon as possible. As previously mentioned, the state of Texas has a statute of limitations of two years, so the sooner you get in contact with us, the better.
- Collect and document evidence. Submit all forms of evidence when meeting with your attorney.
Other options besides suing the nursing home facility include:
- Filing a complaint with the nursing home
- Filing a complaint with the Department of Health
- Filing a complaint with Texas Health and Human Services Commission
The decision to file a lawsuit and complaint will vary from situation to situation. If you believe that you have a case, contact us today to schedule a free consultation and discuss your legal rights as soon as possible. The sooner you sue a nursing home facility for negligence or abuse, the faster you’ll be able to receive compensation if you have a valid claim.
How can The Carlson Law Firm help?
Nursing home neglect and abuse is a failure to provide the level of care legally required to be fulfilled. Sometimes neglect is intentional; other times it can occur due to understaffing or carelessness. However, abuse is always intentional. It isn’t just a violation of the rights of the resident; it is often a crime.
Here at The Carlson Law Firm, we believe that it is important to hold individuals and institutions accountable for their negligent actions. Therefore, rest assured that when you choose The Carlson Law Firm, we will fight for your loved one. If your loved one has been negligently hurt by the people you trusted to provide care for them, contact us today to schedule a free consultation.
One of our nursing home abuse attorneys can help seek compensation for:
- Medical bills
- Lost wages
- Funeral costs
- Mortgages or rent
- Other bills or expenses
- Types of therapy
We care, and we can help.
