Nursing homes are supposed to be places where people who need specialized nursing care or can no longer care for themselves live. The home provides medical care, food, and personal services such as bathing, washing, laundry, and other daily care for residents, whether they pay for private care or Medicaid pays for their care. Is it difficult to sue a nursing home? Understanding your legal options is crucial if a loved one has been mistreated or neglected.
When a nursing home resident is not being cared for, they may not know what to do or who to ask for help. They may be reluctant to say anything for fear of retaliation. These residents may need help from relatives and friends to get help they may need. If they cannot get that care, it may become necessary to take legal action. A nursing home abuse attorney can help.
Is Your Loved One Being Mistreated Or Neglected?
When a nursing home resident indicates they are not being cared for, their claims should be taken seriously. Unfortunately, many residents are unable to communicate their discomfort, especially those with cognitive issues like dementia.
Pay attention to how your loved one appears when you visit. Are they losing weight? Has their behavior changed, or are they suffering from depression or anxiety? Do they have unexplained medical complications or injuries, or developed pressure ulcers (bed sores)? These are indicators that they may be neglected or abused and need your help but are afraid or unable to ask.
What Is The Legal Process For Suing a Nursing Home?
Filing a claim against a nursing home is a daunting process that can take some time. Because it involves evidence gathering and other things that take time, it’s important to begin filing your claim as soon as possible. West Virginia’s personal injury laws allow just two years from the date of the injury for filing your claim. After two years, you may not have any legal options.
These are the steps to a lawsuit:
- Documentation: you’ll need documentation to demonstrate your relationship to your loved one, whether a birth certificate, marriage certificate, adoption papers, or anything else that proves a legal relationship with your loved one.
- Evidence: gather other documents like medical records, photographs, personal notes, and accounts of activity you or another resident witnessed (especially if abuse is involved), and any insurance claim documents. Medical records are important if care is provided through Medicare or Medicaid.
- Amount of damages: your nursing home abuse attorney will help determine what damages your loved one suffered and how it impacted their quality of life. This will help establish the amount of compensation included in the claim.
- Filing: once your attorney has completed the preliminary work, it’s time to file a complaint in court, where it becomes public record. Doctors, nurses, and other caregivers involved will also be named as defendants.
- The discovery process: both parties exchange evidence and information they have prior to trial so that both have an opportunity to examine everything. There are timelines for both parties to exchange evidence or face sanctions. The trial may be scheduled when the petition is filed with the court, or later, depending on the docket.
- Negotiations: following discovery, both parties can engage in negotiations to settle the claim before trial. This can include things like arbitration and mediation, resolving the claim faster, and keeping the case out of a crowded trial docket.
- Trial: If negotiations are successful, then the case will settle and no more action is necessary. If not, both parties will proceed going forward with a trial, and the case will be decided by a judge and jury. Damages are awarded based on the jury’s findings of liability, with an amount determined at that time.
The legal process for suing a nursing home is complex and requires considerable preparation before they end up in court. Most of these lawsuits are settled out of court and rarely go to trial. If you feel that filing a claim or lawsuit is necessary, speak to a West Virginia nursing home abuse attorney immediately to begin the process.
Defending The Vulnerable In West Virginia
If you discover that your loved one is not being cared for or being mistreated in a nursing home, please call us immediately and speak with our nursing home abuse attorney to help get justice for your loved one.
Because a nursing home lawsuit can be complicated, it is important to have an attorney who understands the complexities of this type of case. Contact The Love Law Firm today at (304) 344-5683 or contact us online for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes and are ready to help you.
