Practice Areas / Nursing Home Negligence NE
Nursing Home Negligence Omaha NE
Can I Sue a Nursing Home?
When we take our loved ones to nursing homes, we trust that the nursing home will provide our loved one with the care that we are not able to.
However, not all nursing homes or nursing home staff meet these basic requirements. In fact, some nursing home staff intentionally cause harm to our loved ones. This can have a devastating impact not only on the victim of the neglect or abuse but also on their loved ones.
Can I Sue a nursing home?
If your loved one is a resident of a nursing home and you suspect or know that they have suffered abuse or neglect while living in a nursing home, you can sue the nursing home for abuse or neglect. Nursing homes are required by law to meet the basic needs of your loved one. When they fail to meet the standard of care required of them or a staff member intentionally causes harm to residents of the nursing home, you or your loved can take legal action against the nursing home.
It is important to consult with an attorney prior to taking legal action. Our experienced attorneys will review your case and investigate the allegations of abuse or neglect. They will gather evidence to support your claim and guide you through the legal process. Having an experienced attorney fighting in your corner improves your chances of success.
What you should know when filing a claim against a nursing home
Filing a claim against a nursing home isn’t as straight forward as many people hope it would be. There are many things that you should be aware of when suing a nursing home.
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These facilities make a lot of money
Nursing home facilities often claim that they do not make a lot of money and this is why they are unable to meet the basic needs of their residents. For example, they may claim that they are understaffed because of their tight budget and this is why your loved one developed bedsores. However, this simply isn’t true. Nursing homes are amongst the highest earning institutions in the country. Residents and their families pay large sums of money to access their services. Do not let their claim of low funds deter you from pursuing just compensation for your loved one’s injuries.
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They may be uninsured or underinsured
Nursing homes are required to carry insurance. However, many states’ requirements are not strict about the amount of insurance that the nursing home should carry or the level of cover. Some states have laws that specific the minimum liability insurance for nursing homes.
However, this does not guarantee that the nursing home will carry insurance. It is not uncommon for nursing homes to be negligent about their insurance cover. Many nursing homes operate with no or little insurance cover. You may therefore find it difficult to recover financial compensation for your loved one’s injuries. However, pursuing a lawsuit will ensure that the nursing home is punished and you hold those responsible for the injuries to account.
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They will do anything to avoid liability
Nursing homes and their insurance companies will do anything to avoid liability. This means falsifying documents or resorting to petty and slimy tactics to get you to withdraw your claim. This is why hiring an experienced attorney as early as possible in the process is important. Experienced attorneys are familiar with the tricks that nursing homes and their insurance companies use to evade paying damages to victims of abuse or neglect.
They will handle all communication with the nursing home and insurance company. They will also represent you in negotiations and court if required. They will ensure you don’t fall victim to the lies and tricks of the insurance company or nursing home.
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There are different types of nursing home abuse lawsuits
When filing a nursing home abuse lawsuit you will have various options available to you. Tort lawsuits are filed for a civil wrong e.g. in the case of physical abuse to an elder by nursing home staff. You can file a tort lawsuit against the individual staff member or facility. Breach of contract lawsuits can be filed if the nursing home violated the terms of its contract e.g. if they failed to provide services that were outlined in the contract or if they failed to meet the standards of care as outlined in the contract.
Wrongful death lawsuits can be filed when a resident of the nursing home dies as a result of abuse or neglect. Criminal lawsuits are filed by the government on behalf of the victim. These lawsuits are filed to seek the punishment of the person that abused the resident. They may result in a financial penalty or jail time.
If you want to sue a nursing home for neglect or abuse, get in touch with us and schedule an appointment for free case review by an experienced attorney.