INFORMATION ABOUT
NURSING HOME NEGLIGENCE

Nursing homes have become big business over the last several years. Unfortunately, bigger is not always better. If a loved one, while a resident of a nursing home or other type of extended care facility, is injured because of the negligence or carelessness of the nursing home, it is possible to bring a lawsuit to recover damages for the injuries done to your loved one.

We hope that the information presented here will help familiarize you with basic nursing home negligence issues. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS NURSING HOME NEGLIGENCE?

Nursing homes and other extended care facilities are places where mainly elderly individuals who need special care and attention are brought, often to recover from a medical condition. These facilities have a duty to provide proper care for your loved ones, no matter how elderly or infirm that person may be. Unfortunately, these often defenseless individuals suffer serious injuries. Residents in a nursing home are vulnerable to the carelessness of employees or management of the nursing home. In recent years, increasing attention has focused on the quality of care provided by nursing homes, and other treatment facilities, and incidents where neglect of a resident adds up to negligence.

WHAT DUTIES DOES A NURSING HOME HAVE FOR ITS RESIDENTS?

Governmental bodies, both on a federal and state level, impose a number of duties on nursing homes and other extended care facilities. These institutions must maintain the physical plant in a clean and safe manner, provide adequate supervision, and follow the doctor's orders, just as though the patient were in a hospital setting. These are only a few of the responsibilities routinely imposed on nursing homes to protect the residents. Since states can and often do impose separate, sometimes more stringent restrictions on the homes, you should consult with an attorney who practices law in the state where the nursing home provides care in order to learn of specific statewide duties imposed.

WHAT ARE SOME EXAMPLES OF NURSING HOME CASES WHERE PEOPLE HAVE SUCCESSFULLY SUED?

Over the past few years, we have seen numerous cases brought against nursing homes because of inadequate attention or inappropriate care. Some cases resulted because of bed sores and/or infections. Others are because of choking with aspiration on food after the resident was given the incorrect diet. Incorrect medicine administered to a patient that results in brain injury or death has been a successful cause of action. Negligent supervision of a nursing home resident that results in a fall with severe injury or death, or where the resident wanders off, may be an appropriate basis for a lawsuit. In addition, malnutrition that exacerbates or increases a patient's illness is a valid basis for legal action.

WHAT SHOULD I DO IF MY LOVED ONE HAS BEEN INJURED BY A NURSING HOME?

If you have any concerns regarding an injury or death of someone close to you who is or was a resident of a nursing home, consult with an attorney. The age and/or mental status of the injured party is no excuse for a nursing home resident not to receive appropriate care. The attorney will discuss your observations and help you to decide how to proceed.

IS THERE A TIME LIMIT WITHIN WHICH THE LAWSUIT MUST BE BROUGHT?

Yes, as a general rule, each state has its own time limitations within which lawsuits for negligence against nursing homes and doctors must be brought. This time limitation varies from state to state, although the usual time is two years. Many states will extend the time limitation from its normal "statute of limitations" a longer time if the person who was injured is not mentally competent. In the case of certain nursing home residents, their advanced age, physical problems and emotional limitations may allow this period of time to be extended. However, each state treats these matters differently, and accordingly, an attorney practicing law in the state where the nursing home is located will be able to advise you of the local law.

DO I HAVE TO HAVE AN ATTORNEY?

Yes. In order to prove that the nursing home was negligent, you will need to retain experts to testify on your behalf about what occurred, from a technical sense. The nursing home will then retain its own experts to contest everything that you say. The attorney will be able to help you find experts and cross-examine the nursing home's experts as well. It would be most difficult, if not impossible, for a non-lawyer to handle a nursing home negligence case.

IF THE ATTORNEY TAKES MY RELATIVE'S CASE, WILL EITHER OF US OWE ANYTHING?

No, probably not. Most attorneys review potential cases against nursing homes on a contingent or percentage fee basis. This means that the attorney's fee will be a percentage of the amount recovered on behalf of your loved one. If there is no recovery, then you will not owe any fee to the attorney. Most attorneys will even advance the expenses needed to bring the case to trial, and then get reimbursed for those expenses upon recovery. All of these details regarding the fee and cost arrangements should be worked out with your attorney in advance, before any work is done on the case. You should review all of these details completely with the attorney and have the fee arrangements put into writing.

If you or someone you know believe that a nursing home has negligently injured someone, a DESSEN, MOSES & ROSSITTO attorney will be happy to review the facts of the incident. Just press the button below to submit a factual history form.

If you have other questions or comments about nursing home negligence or any other area in which we practice, please send us an E-mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

CareGuide - Elder Care
Know Your Rights as a Nursing Home Resident
Office for the Aging

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INFORMATION ABOUT NURSING HOME NEGLIGENCE