Nursing homes are critical in caring for elderly individuals who need round-the-clock medical attention and assistance with their daily tasks. They’re responsible for ensuring their residents’ well-being and letting their loved ones know they’re doing well. They must also follow strict regulations to maintain everyone’s health and safety.
However, hearing law enforcement report abuse in nursing homes is unfortunate. It’s a severe problem that can cause trauma or death in the victims and their loved ones. While seeking legal assistance is essential, you must also know how to properly file a nursing home abuse lawsuit.
If you want to stop abuse in nursing homes and seek justice for your loved one, this article will define a nursing home lawsuit and the different types. Return for part two of this blog series, where we’ll explain why you should seek justice and how to do it right.
What Is a Nursing Home Abuse Lawsuit?
Individuals and their families affected by neglect or abuse in nursing homes can seek financial compensation by filing a civil lawsuit against the nursing home and the staff responsible. They can take this legal action to demonstrate the facility’s negligence or mistreatment and that their actions harmed or injured their elderly loved ones.
To have a successful nursing home abuse lawsuit, you must prove that the facility didn’t take appropriate precautions and that this negligence caused the damage.
What Are Nursing Home Abuse Settlements?
In many cases of abuse in nursing homes, the victim and the facility agree to settle the case without going to trial. Nursing home abuse settlement usually involves the establishment agreeing to pay the victim a certain amount as compensation for their harm. The two parties determine the amount by negotiation, and the agreement is legally binding once they agree with it.
3 Types of Nursing Home Abuse Lawsuits
This section enumerates the three most prevalent types of nursing home abuse lawsuits the affected party can file against the facility.
1. Torts
Torts are a civil wrong that the victim’s family can file against a nursing home facility, individual caregivers, and staff in the context of elder abuse. These nursing home lawsuits include negligence, medical malpractice, and malicious intent or abuse. Consult a personal injury lawyer to determine if you have a valid case.
2. Breach of Contract
You could file a breach of contract lawsuit if the nursing home violated the terms of your contract. This case could involve issues like not providing the agreed-upon services, not meeting the written care standards, and not maintaining a clean or safe living environment.
3. Wrongful Death
You could file this lawsuit against the nursing facility, staff, and individual caregivers if your elderly loved one dies because of neglect or abuse in nursing homes.
Wrongful death damages may include medical bills, funeral and burial expenses, costs of caring for the loved one before their death, and pain and suffering endured by the loved one before they died. These may also include the loss of consortium. Moreover, a wrongful death lawyer can help you determine if you have a valid claim.
Criminal vs. Civil Nursing Home Lawsuits: What’s the Difference?
When your elderly loved one is a victim of nursing home abuse, the government can file a criminal lawsuit to punish the abuser, which could lead to imprisonment or a fine. On the other hand, the victim or their family can file a civil lawsuit to seek financial compensation for the harm caused by the abuse.
You can determine what legal case works best for your needs by consulting a reputable nursing home abuse lawyer.
Seeking Justice for Your Loved One
No elder should endure neglect or abuse in nursing homes. You can determine what lawsuit suits your needs by discussing it with a nursing home abuse lawyer. Stay tuned for part two of this blog series, where we’ll explain why you should get justice and how to do it correctly.
If you need a lawyer to handle cases of abuse in nursing homes in Memphis, Tennessee, consult Jehl Law Group! Our legal firm has over 65 years of experience helping elderly abuse and neglect victims get justice. Reach us now for a free consultation!