Can I File A Lawsuit After The Statute Of Limitations Has Passed
Its not likely that youll be able to file a after the statute of limitations has passed in your case. However, dont assume anything until you connect with a lawyer.
Even if you think the statute of limitations has passed in your case, a lawyer can confirm if there is any time left to file a lawsuit.
Further, our skilled attorneys may be able to help you even if the statute of limitations has passed in your case. Call to learn more.
How Long Does It Take To Settle A Case
The actual lawsuit can take one to two years to complete from the time the Complaint is filed at the court until either the trial or settlement. However, the process often takes longer due to the many legal requirements that must be met before the case can even be filed.
We have settled a large number of cases with the insurance company even before a lawsuit is filed. This happens when liability is very clear and the insurer would rather pay the claim than incur the expense of litigation when it is clear a settlement will be paid at a later date. We will make every effort to settle your case before going to court.
How Much Can You Sue A Nursing Home For Neglect
The amount of financial compensation available through a nursing home neglect lawsuit varies with each case. A study by the peer-reviewed journal Health Affairs found that nursing home lawsuits awarded $406,000 on average.
An experienced nursing home abuse lawyer can help maximize your compensation if you have an eligible claim.
Ready to take the next step?Call to speak to our trusted advocates today.
Also Check: Who Do I Report Nursing Home Neglect To
What Behavior Can Lead To A Civil Lawsuit
There are countless accidents, intentional acts, and failures to act that may leave a nursing home or other care facility on the legal hook for injuries or preventable health problems, either based on the conduct of an employee or based on a policy or ongoing practice at the facility. Here are a few examples:
Failure to keep the premises reasonably safe and free of hazards . This includes everything from preventing slip and fall accidents to preventing one resident from physically assaulting another.
Negligent hiring of an employee who ends up neglecting, abusing, or otherwise intentionally harming a patient. The failure to properly train and supervise employees may also come into play here.
Negligent supervision of residents who then fall, or otherwise injure themselves.
Failure to maintain adequate health and safety policies, including keeping clean and sanitary conditions in resident rooms and in common areas.
Failure to provide adequate medical treatment that is in line with the medical standard of care under the circumstances. When the provision of sub-standard medical care causes harm to a resident, there may be a case for medical malpractice against the nursing home facility and/or against a medical professional who treated the resident.
Neglect of a resident could lead to a number of safety and/or medical issues, including bed sores.
$14 Million Awarded In Nursing Home Negligence Lawsuit
A jury has awarded $14 million to the family of a 90-year-old woman who died after it was determined she suffered severe neglect in a Massachusetts nursing home.
The verdict in this nursing home negligence lawsuit was the largest on record for Massachusetts, with the bulk of the award comprised of punitive damages against Radius Healthcare Center.
Read Also: Carleen Nursing School Palm Bay
Common Reasons For Nursing Home Abuse & Neglect
The fact is that nursing homes are businesses. Large companies often own them and their primary end goal is to make a profit. Like all businesses, maximizing a profit involves reducing the costs and expenses in running the facility.
Unfortunately, this can involve low wages to workers which results in high turnover among staff, leaving residents at risk for neglect and abuse.
Resident neglect and abuse can happen at facilities for many reasons, including:
Why File A Nursing Home Abuse Lawsuit
Filing a nursing home abuse lawsuit may allow victims to get compensation from and justice against those responsible for their pain and suffering.
A plaintiff may receive lawsuit compensation through:
- A verdict: A trial jury decides if the defendant is at fault. If the defendant is found liable, the jury determines how much compensation the defendant must pay the plaintiff. In criminal cases, a jury decides if a defendant is guilty or innocent of the crimes they were accused of.
- A settlement: The defendant and the plaintiff agree on a compensation amount before a civil lawsuits verdict and sign a legally-binding document, ending or preventing a trial.
- Restitution: Victims of nursing home abuse receive criminal case compensation through restitution money or services a guilty party must give their victim as a way of making up for the harm they have caused.
You May Like: Nursing Schools In Palm Beach County
Type Of Injury & Case
One of the most crucial elements affecting your nursing home lawsuit is the type of case and the injuries that were sustained. As a general rule, the more serious the injuries, the more the case is worth. Cases that involve abuse or gross negligence are often worth more than cases involving simple negligence, in part because a jury may award punitive damages. Average nursing home wrongful death settlements are usually higher than settlements for injuries from which the victim is able to recover.
Still, these are only guidelines. The average bedsore settlement may not be as high as the typical settlement for wrongful death, but it depends on the case. A wrongful death claim may be worth less than $100,000 depending on the victims age, overall health, and the type of negligence. Bedsores from neglect can be worth more than $1 million if it was the result of gross neglect, for instance, or the victim suffered significant pain, disfigurement, and complications.
S You Need To Know In Filing A Nursing Home Negligence Lawsuit
Regulations on Standard of Care in Nursing Homes
- The resident environment is reasonably secure from hazards
- Each resident gets adequate assistance and supervision devices to avoid accidents
When to File a Civil Lawsuit Against a Nursing Home
- Failure to Keep the Nursing Home Facility Safe and Hazard Free
- Negligent Hiring
- Negligent Supervision
- Failure to Maintain Appropriate Health Policies
- Failure to Offer Appropriate and Adequate Medical Treatment
Filing a Claim Against a Nursing Home FacilityPre-suit InvestigationIssuance of a Notice of Claim and Expert ReportDiscoverySettlementMediationTrialFactors Affecting the Conclusion of a Nursing Residence Negligence ClaimExpert ReportDisbursement Process
Read Also: What Do Nurses Do In Nursing Homes
What Constitutes Abuse In A Skilled Nursing Facility
Nursing home abuse is when an intentional act by a caregiver that causes harm to the resident. This could be physical harm, unreasonable confinement or restraint, intimidation, or the causing of mental anguish by a caregiver. The abuse can be either a physical injury or psychological damage to the resident and can be caused by a facility staff member and even another resident.
The pie chart above shows the different levels of nursing home abuse types that elders have complained about, according to the National Center for Victims of Crime. Physical abuse and resident-on-resident abuse is responsible for nearly half of all complaints.
- Physical abuse: 27.4%
- Sexual abuse: 7.9%
Bringing Suit Against A Maine Nursing Home For Negligence Abuse Or Neglect
Posted by Daniel J. Eccher, Esq. | Feb 27, 2014 | 0 Comments
Elders who reside in nursing homes are very vulnerable. Most are heavily dependent on others for help with their daily activities. Many are cognitively impaired and unable to speak for themselves. Nursing homes in Maine and elsewhere are often understaffed and struggle to meet the needs of their residents. As a result, residents may experience problems such as pressure ulcers , malnourishment, dehydration, falls and elopement. This can lead to needless suffering and even death.
The first step, when encountering abuse, neglect or negligence, is to report it to the Maine Department of Health and Human Services’ licensing division, who will promptly investigate. Another resource is Maine’s Long Term Care Ombudsman, which will advocate for you or your family member and work with the facility to correct the problems.
Increasingly, however, residents and their families are going further: seeking the assistance of Maine elder law attorneys and personal injury attorneys in bringing suit against Maine nursing homes to get money damages for the elder. These attorneys use, as a basis for the lawsuit, the federal and Maine nursing home laws which set standards for nursing homes.
If you or a family member have been harmed as a result of inadequate care in a Maine nursing home, we will be glad to evaluate the case and partner with skilled counsel to bring a suit for damages.
You May Like: Accelerated Nursing Programs In Delaware
The Top 3 Reasons Nursing Homes Are Sued In South Carolina
What Are Statutes Of Limitations
Statutes of limitations are laws that set the amount of time someone has to take legal action.
Statutes are set by state governments and cover a wide range of case types, such as fraud, medical malpractice, personal injury, criminal cases, and wrongful death. They also affect how long you have to file a civil lawsuit in cases of nursing home abuse or neglect.
Statutes of limitations on and abuse vary from state to state. Some states such as Kentucky and Tennessee give 1 year to file a claim, but other states such as Maine and North Dakota give up to 6 years. Most states set their statute of limitations between 2 and 3 years.
Once the statute of limitations has expired, you may not be able to pursue legal compensation or hold abusive nursing homes accountable. Because of this, its crucial to file your nursing home abuse lawsuit as soon as possible ideally, within 3 years or less.
Thankfully, you can work with a nursing home abuse attorney to make sure your case is filed within state deadlines. Skilled attorneys understand the statutes of limitations on nursing home neglect and abuse in every state. Get a free case evaluation to see if you can work with a lawyer today.
Don’t Miss: Suing A Nursing Home For Wrongful Death
Type Of Negligence & Facility Conduct
The insurance company and/or the jury will consider the facilitys conduct that led to the victims injuries and the form of negligence to determine how much should be awarded in a successful claim. Your case may be worth more if the facility has a history of serious violations, especially if they are the same type of violations that caused your loved ones accident.
With evidence of fraud or deceit, oppression or disregard of your loved ones rights, and/or willful disregard for your loved ones life and safety, the jury can award punitive damages. This can significantly increase the value of your case.
The Lawsuit Claims That Louisiana Real Estate Developer Bob Dean Improperly And Negligently Evacuated Residents To A Poorly
A class action lawsuit has been filed against Louisiana real estate developer Bob Dean, the owner of seven nursing homes that struggled to safely relocate residents ahead of Hurricane Ida.
In total, some 850 nursing home residents were evacuated from assisted living facilities to Deans warehouse in Independence, Louisiana.
According to FOX 8, seven of Deans residents died during the evacuation. Others endured horrific and inhumane conditions.
Evacuating the residents to the was not done pursuant to any established hurricane prevention plan put into place at any of the Bob Dean Jr. Nursing Homes and in fact conflicted with the written policies and procedures that were in place, as well as with relevant Louisiana laws, the complaint states.
The lawsuit, adds FOX 8, was filed by four nursing home residents and their families. Their complaint includes testimony and pictures of the conditions inside Deans Independence warehouse.
It was horrific thats the only term I can use, attorney Rob Couhig told FOX 8. If it had been my father or my mother, I dont know if I would be as civil as I am today.
In the lawsuit, Couhig asserts that Dean and the nursing homes intentionally misrepresented the actual evacuation plan, choosing not to inform family members of where the residents were being taken.
The entire facility only had four sinks, a handful of showers, and some portable toilets to share between hundreds of evacuated residents.
Don’t Miss: Good Schools For Nurse Practitioner
Emotional Nursing Home Negligence
While physical nursing home negligence can result in serious injuries or death, emotional nursing home negligence can also cause harm to elderly residents.
Failing to provide for a residents emotional needs, such as allowing them to visit with their friends and family, can lead to emotional neglect. Emotional neglect can result in serious emotional and physical changes in an elderly resident, as many residents already suffer from neurocognitive disorders such as Alzheimers disease or dementia.
Disposition Of Nursing Home Abuse Claims
A family member of an elderly resident who suffered physical or psychological abuse or neglect that resulted in injury or harm typically brings nursing home abuse cases forward. According to Health Affairs, the plaintiff received compensation in 88 percent of all cases involving nursing home abuse, which is almost three times the success rate of medical malpractice claims.
This payout rate means that if a victim has a strong case and can prove nursing home abuse occurred to the elderly nursing home resident, they have a substantial chance statistically of winning their case. However, it is important to note that every case must receive proper evaluation based on the individual circumstances surrounding its claim of nursing home abuse.
For a free legal consultation, call
Read Also: Ucla Acute Care Nurse Practitioner Program
Negligence Lawsuit Against The Nursing Home
Jonathan hired a personal injury attorney on behalf of his mother, to file a lawsuit against Sunny Haven.
The lawsuit contended Sunny Haven breached the Duty of Care they owed to Dorothy. The suit asserted that Sunny Haven was negligent to failing to ensure proper handling and accounting for narcotic medications, failing to train and supervise nursing personnel, and failing to act when Dorothys condition began deteriorating.
Dr. Thomas provided written testimony at trial that the denial of her prescribed medication caused Dorothy to suffer terribly from lack of pain management, and the trauma of narcotics withdrawal symptoms, including:
- Intractable pain
Dr. Thomas said it was miraculous Dorothy survived the ordeal. He testified he believed the rapid and uncontrolled sudden narcotic withdrawal placed a tremendous strain on Dorothy, and contributed to the accelerate deterioration of her health.
Sunny Havens attorneys argued that the nursing home administrators had no knowledge of the drug-stealing scheme. The administrator testified the nurses involved had clean records and had offered no previous evidence of wrongdoing.
After hearing the testimony, reviewing the evidence, and hearing the arguments of counsel for both parties in this nursing home negligence lawsuit, the Court ruled in Dorothys favor.
The ruling stated, in part:
Dorothy and her family were awarded $250,000 in damages.
What Must Be Proven To Win A Nursing Home Neglect Lawsuit
Nursing home neglect cases are considered medical malpractice lawsuits. Medical malpractice lawsuits are among the most difficult a lawyer will ever handle. A nursing home negligence case requires the patient, the plaintiff, to prove that his or her nursing home, residential care facility, or caretaker, the defendant,, deviated so far from what is accepted as standard care and treatment that the law considers them to have been negligent.
The plaintiff is also required to prove that the nursing homes negligence was a primary cause of the injury that the plaintiff has suffered. Your case must be proven by expert testimony. Simply making a mistake or getting a bad result is not enough the nursing home neglect attorney must prove that there was negligence and that negligence led directly to your injury. Yes, its true. Nursing home and residential care facilities sometimes get away with negligence because the injury that they caused is not severe.
If you or a family member suffer injuries or have lost a loved one due to nursing home neglect, call an experienced attorney immediately to discuss your case. Most injuries are never reported or discovered in nursing home neglect cases. Do not become a victim of abuse and make sure to report all signs of neglect to protect you, your loved one, and all other patients who are residents of that particular nursing home.
Don’t Miss: Psychiatric Nurse Practitioner School Years