How to File a Nursing Home Abuse Lawsuit

If you believe that your loved one has suffered from abuse or neglect in a nursing home, you may be able to take legal action. If you choose to file a lawsuit against the facility, you can obtain compensation for your loved one’s medical expenses, pain and suffering, and other losses. Filing a lawsuit can seem overwhelming and many people hesitate because they feel like the process is too lengthy and involves too many challenges.

Fortunately, working with a Tampa nursing home abuse attorney can make you feel better prepared for the process. Below, our experienced attorney outlines the steps to take when filing a nursing home abuse lawsuit.

Determine Who is Liable for the Abuse

Many people first learn of possible abuse from their loved one’s own statements, witnessing the abuse, or hearing from other residents who have witnessed or experienced it. This can help you determine who is liable for the abuse by determining which party failed to provide the necessary standard of care. There are many parties that can be held liable for nursing home abuse including staff members, facility administrators, medical professionals, and third parties, such as a company responsible for cleaning the facility.

Collect Evidence

As with any other type of personal injury case, you need to submit evidence showing that abuse has occurred. The most common types of evidence used in these cases include:

• Medical records indicating the nature and severity of your loved one’s injuries
• Your loved one’s previous medical records to compare against their current physical and mental state
• Accident or incident reports filed with the facility
• If applicable, police reports, particularly if you had to remove your loved one from the facility
• Photographs and video footage of the abuse taking place or the location of the abuse or neglect, such as physical restraints on bed railings
• Eyewitness accounts

File the Petition

A nursing home abuse lawyer can help you file your petition, in other words your complaint, with the appropriate court. The petition will outline the parties involved in the case, your accusations, and the damages you are pursuing. Damages may include medical expenses, psychological therapy, other financial losses, and pain and suffering.

Negotiate 

The majority of nursing home abuse lawsuits are settled outside of the courtroom during negotiations. Many people are not familiar with negotiating and this is also when an attorney’s help can be invaluable. An attorney can accurately value your claim and negotiate with the liable party or their insurance company for the fair settlement you and your loved one deserves.

Trial

If the liable party refuses to negotiate in good faith, you may have to go to court to ensure your loved one’s rights are upheld. This only happens in a small minority of cases. Even when a case goes to trial, negotiations can continue until the jury returns a decision or the judge reaches a verdict.

Our Nursing Home Abuse Attorney in Tampa Can Help You Through the Process

The above are the basic steps when filling a nursing home abuse lawsuit. During the process you may encounter some challenges but our Tampa nursing home abuse attorney at Kohn Law can help you overcome them. Call us today at 813-428-8504 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html