What Qualifies As Nursing Home Negligence?
Amongst the most heart-wrenching cases we deal with are those arising from the negligence to residents at nursing homes. The sad fact is that our elderly and infirmed are entrusted to the care of nursing homes who all too often provide insufficient care and abuse to our loved ones. We believe at the Jimerson Law Firm that the justice system’s role is protecting the residents from injury or death. The Golden days of our elders should not be left on soiled sheets and staph infected rooms simply because the facility doesn’t care or is improperly staffed and trained to give the needed services that is required by law. Lawsuits help individuals and their families hold nursing homes accountable for substandard care and abuse.
Who Can Potentially Be Held Liable In A Nursing Home Negligence Case?
The potential liable parties are the nursing home facilities, the doctors/nurses providing the care, possibly state agencies licensing the facility; or anyone that is directly attributable to the deficient care of the resident.
What Damages Might Be Available To Someone Who Is A Victim Of Nursing Home Negligence?
This area is one of the many misconceptions that personal injury or wrongful death cases on behalf of residents do not have value. They, the lawyers for the nursing facility will say that the resident had “co-morbidities” (things that would cause early death) and a shorten life span; a decrease valuation of earning since many nursing home residents cannot and do not work; Many nursing home residents don’t provide economic support to other, etc.
We totally reject these arguments and attempt to prove value beyond these arguments. Of course, most are elderly but that doesn’t mean their life is less valuable. Of course, they are sick and weakened but that’s a reason to provide better care. Of course, their children and family are grown and independent now but that doesn’t mean the loss of their love one is less of a value. We fight hard to get this message out and we believe juries understand our message.
What Is The Statute Of Limitations On These Cases?
It depends on the action. In Missouri, the statute of limitation for negligence is five years. In terms of wrongful death, it’s three years.
Can I Represent An Incapacitated Loved One In A Nursing Home Negligence Case?
Of course, you can. It’s often done as the “Next Friend” designation. Next Friend simply means a court approved person can pursue the claim of damages for the resident, even when that person dies before the conclusion of the court matter.
What Steps Should Someone Take If They Suspect Nursing Home Negligence?
The first thing to do is to investigate right away. Take pictures if possible of the injuries sustained by the resident. Take notes and document who you talked to, who gave the care that is suspected of negligence; and of course, call my office immediately.
How Can An Experienced Attorney Help Me In My Nursing Home Negligence Case?
Experience matters. The applicable laws are both federal and state. Each resident under 42 U.S.C. (United States Code) sections 1990 particularly section 482.25 provides that each resident must receive Quality of Care. That each resident must get from the facility the highest practicable physical, mental, and psychosocial well-being in accordance with a comprehensive assessment and plan of care. We paraphrased it a bit but you get the point. Nursing homes cannot be a dumping ground collecting the federal monies that our loved ones paid into the system. They deserve better. Experience matters in getting them the best.
For more information on Nursing Home Negligence In Missouri, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today.
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