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How Do I File a Nursing Home Abuse Lawsuit?

Families feel disgusted, embarrassed, and shocked when they learn one of their loved ones suffered abuse while living at a nursing home. Many want their abusers to pay for their actions, but they are unsure how to proceed. To hold negligent parties accountable, families will need to file a lawsuit.

How Do I File a Nursing Home Abuse Lawsuit?

Document Abuse

Once you learn about the physical, mental, sexual, or financial abuse, document whatever you can. Get copies of medical and incident reports, save copies of financial documents, and if possible, take images of anything that would prove your loved one is suffering from abuse.

Though we know that your loved one may not be comfortable talking about the abuse or may not be able to articulate it clearly due to age or medical conditions, such as Alzheimer’s disease or dementia, try and get some information from them.

Understand that Nursing Home Residents Have Rights

Federal laws grant nursing home residents protected rights, under the Nursing Home Reform Act of 1987. Nursing homes also are bound by related requirements outlined by the Centers for Medicare and Medicaid Services (CMS). Failure to follow any of the requirements, which include providing residents with a home that is free of restraints, neglect, and abuse, can make nursing homes ineligible for Medicaid and Medicare payments.

Consult With a Nursing Home Abuse Lawyer

The injured party and their loved ones may bring a lawsuit against an at-fault facility following incidents of nursing home abuse. Nevertheless, nursing home lawsuits are intricate. In addition to the laws, dealing with victims who are unable to talk about the abuse or no longer remember what they experienced make them challenging.

These challenges are why retaining the services of a nursing home abuse lawyer is critical. They know the laws and how to verify facts before moving forward with filing a lawsuit.

A Lawyer Conducts an Investigation

Once you have retained representation, the lawyer will investigate to verify the facts. The investigation may include:

  • Speaking with your loved one
  • Talking to other residents
  • Reviewing photos, videos, and other footage
  • Analyzing medical records

After reviewing all this evidence, the lawyer will determine whether there is enough evidence to move forward with a lawsuit.

A skilled lawyer will know how to conduct a thorough investigation without catching the attention of the nursing home’s staff or administration. Stories can change, and evidence can get lost when parties fear they are being investigated.

Potential Defendants

Anyone who participated in the abuse or was aware of it but failed to act may be legally responsible. Those who may be listed in defendants include:

  • Owners and operators of nursing homes
  • Supervisors aware of the abuse or those involved in managing and hiring employees who participated in the abuse
  • Employees or staff member who did the abusing

Filing a Lawsuit Against a Nursing Home

If the lawyer verifies that the evidence shows abuse, a nursing home abuse lawsuit will be filed against the facility. The lawsuit will identify the claims being made against the nursing home, and it also establishes the legal basis for the filing. The legal foundation for the lawsuit includes whatever facts and evidence the lawyer collected. Once it is filed, the lawsuit will be served to the nursing home.

Get Legal Help Filing a Nursing Home Abuse Lawsuit

At the Nursing Home Abuse Center, we believe no one should suffer abuse or neglect at the hands of those very people who were entrusted to take care of them.

If you or a loved one was injured or suffers from a medical condition caused by sexual, physical, mental, or financial abuse at a nursing home, then consider filing a lawsuit against all negligent parties.

Call us at 1-800-516-4783, and we will connect you with a lawyer who can help you file a nursing home abuse lawsuit. 

Failure to act against an at-fault nursing home not only prevents justice for your family member, but leaves the door open someone else to get hurt. Help stop the cycle of abuse by fighting to protect your loved one’s rights and to get them fair compensation for the injuries and suffering.