Everything You Need To Know About Suing A Nursing Home For Negligence - Explained

When you placed your parents or other family members into a nursing home, you trusted the facility to take good care of your loved ones. Sadly, this isn't always the case, as many residents of nursing homes are neglected or abused by their supposed caretakers. 

Neglect occurs when nursing home staff fail to reach the standards of care required for assisted living facilities, causing harm to the residents as a result. 

If this happens, you can sue the nursing home for negligence. This not only helps you get justice for what a loved one endured, but it can also help set a precedent for better care standards at the facility. A lawsuit also allows you to recover compensation necessary to cover the victim’s medical costs and other damages. 

However, these cases aren’t always clear-cut, and you should learn what you’re getting yourself into. So, continue reading to learn more about negligence, abuse, and how long does a nursing home lawsuit take.

Distinction between negligence and abuse

Nursing home negligence and abuse are fairly different despite sharing common causes like lack of empathy, staff training, and negligent hiring practices.

Abuse occurs when a staff member intentionally causes harm to the resident of a facility. On the other hand, negligence can be considered a form of abuse, but the difference is that it’s often not intentional. 

Neglect is very common, with 12% of caregivers admitting to neglecting the residents at one point. 

Types of nursing home negligence

If your loved one suffered harm due to nursing home neglect, you can take legal action regardless of the type of negligence, which may include:

• Medical negligence: when the staff fails to provide appropriate medical service to the residents, such as not providing them with medication at the right time, failing to treat bedsores, or failing to call in an emergency, you may sue the nursing home for negligence. Depending on the circumstances, you may even be able to sue the nursing home for medical malpractice. 
• Neglect of basic needs: if the residents suffer from malnutrition or dehydration because they weren’t provided with the required service, the nursing home may be responsible for negligence.
• Neglect of basic hygiene: not changing the residents’ clothes or bed sheets, cleaning their room, or not bathing them is considered negligent.

How to sue a nursing home?

Before we look at how long does a nursing home lawsuit take on average, it’s necessary to break down the process first.

By filing a civil lawsuit against the nursing home, you can hold the facility liable for harming your loved one. Here’s what you can expect:

• Hire an attorney

A personal injury attorney has the expertise that allows them to ascertain whether the actions of the nursing home staff can be considered negligent. They’ll evaluate the details of your case, and if you qualify, help you in pursuing a legal claim. 

• Draft a legal complaint

An attorney can write a complaint that outlines the explanation of how the resident was harmed, presents the facts relating to the negligence, identifies the parties, and outlines the losses incurred by the negligence. 

• File a lawsuit and begin discovery

After the legal complaint has been written, your attorney will file the lawsuit on your behalf and start the discovery phase of the case, during which they’ll exchange case information with the other party.

• Start negotiation

Before the case goes to court, the attorney will start communicating with the facility's lawyers until they receive a fair settlement offer. Most nursing home negligence cases are settled out of court. This is generally in the best interest of both parties. 

• Take the case to trial

Going to trial can be expensive. If you have substantial evidence that corroborates your claims, the nursing home will lose a lot more money if the case reaches the trial stage.

In the event that the agreement isn’t made, the case will go to trial in front of a judge and jury. 

How long does a nursing home lawsuit take?

Personal injury lawsuits are a lengthy process. Even if they seem quick when broken down into various steps, consider how much preparation and hard work goes into investigating a nursing home's negligence. 

Your attorney will have to gather witness statements, compile relevant documentation, and hire medical and other types of experts, among other things - all of which can take time. 

But how long does a nursing home lawsuit take on average?

From the initial call to the closing, a case may take upwards of 24 months. Some cases have gone on for longer. So, if you’re ready to file a nursing home lawsuit, arm yourself with patience. 

What’s the best time to sue a nursing home for negligence?

For best results, you should file a case as soon as possible. The reason why is simple - if you wait too long, you may lose your right to take legal action.

Each state has statutes of limitations on personal injury cases, which restrict the time to file a lawsuit. In Florida, this time limit is three years. Considering cases can be longer than 24 months, you need to hire a law firm as soon as you see any signs of neglect or abuse to ensure you meet the statute of limitations. 

Start fighting for justice

Learning your loved one didn’t get the care they need in an assisted living facility is horrifying. You paid a substantial amount of money so they would be taken care of properly, and the facility and its staff caused irreparable harm. 

The silver lining here is that you have a legal remedy if a loved one was abused or neglected in the nursing home. Despite the complexity and the emotional toll of the ensuing legal battle, you should do what you can to seek justice.

Since there’s a lot on the line, make sure to hire an attorney who can negotiate effectively, and if needed, has the skills to take the case to trial. Here at the Law Offices of RITE, we have decades of combined experience in all kinds of personal injury cases, including nursing home negligence. We’re confident in our abilities to help you achieve the outcome you deserve. Even if the negotiations are successful, we have plenty of courtroom experience under our belt. 

Ready to start? Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case evaluation.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.