Who Can File a Nursing Home Abuse Lawsuit?
The decision to place a loved one in a nursing home is very difficult. It is also a decision based on trust. You trust that the facility will provide the safety, compassion, and care that your loved one deserves. When a facility breaks that trust by neglecting or abusing your loved one, it is natural to feel angry, betrayed, and helpless.
Fortunately, there are legal options that can help you make things right. One of these is filing a lawsuit against the facility. Nursing home abuse cases are unique, however, as often the victims cannot take legal action on their own. Below, our Tampa nursing home abuse lawyers explain who can file a lawsuit.
The Resident
The nursing home resident who suffered harm has the primary right to file a lawsuit. To file a lawsuit, your loved one must be mentally competent. This generally means they must be able to:
- Understand the injuries and losses they suffered
- Understand the purpose of filing a lawsuit
- Communicate with their lawyer regarding the abuse or neglect
- Make informed decisions about potential settlements and legal strategy
Again, many nursing home residents do not have the mental capacity required to file a lawsuit on their own. In these instances, another person can often file a lawsuit on the resident’s behalf.
A Legal Guardian
If your loved one has been declared incapacitated by a court, a guardian may be appointed to handle their financial, personal, and medical decisions. The resident then becomes the ward and the guardian has the authority to contact an attorney and file a nursing home lawsuit on their behalf. The compensation recovered in a lawsuit is the property of the ward’s estate and can only be used for their benefit and care.
A Power of Attorney
A durable power of attorney is a legal document that allows someone, known as the principal, to appoint another person, known as the agent, to make decisions on their behalf. If your loved one signed a durable power of attorney before they became mentally incapacitated, the agent can file a lawsuit after abuse or neglect has occurred. However, the right to file a lawsuit is not automatic and depends on the language in the power of attorney.
The Personal Representative of the Estate
Tragically, nursing home abuse and neglect is often so severe that the resident does not survive it. In these cases, the personal representative of the estate can file a lawsuit. If your loved one has a will, it will name the chosen personal representative. If your loved one did not have a will, the court will appoint a personal representative who can then file a lawsuit.
Our Nursing Home Abuse Lawyers in Tampa Can Assist with Your Case
If your family member has been hurt in a long-term care facility, our Tampa nursing home abuse lawyers can help. At Kohn Law, our experienced attorneys can advise on who can file your claim and help you through the entire process so it is as easy as possible and so you obtain the most favorable outcome possible. Call us today at 813-428-8504 or chat with us online to request a consultation and to get the sound advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
