Nursing Home Injury Suits

Nearly everyone has a loved one or someone that they know who resides at a Nursing Home or Nursing Facility. And it is frequently that there are accidents, or issues of residents that suffer various injuries. Sometimes these injuries are covered by insurance, and the Nursing home is reputable and will go out of their way to make sure that the concerns of the residents are addressed, especially when they are injured.

And, sometimes they don't.

When a Nursing home or facility does not take the high road, and make things right, there are times when a private party or resident, or the family of a nursing home resident will have to file a legal claim.

Filing a legal claim or action against a Nursing home can be a complicated issue. Most of all, you want to make sure you are properly prepared before you even start with any sort of legal action.

Before you file a claim against any type of nursing facility or nursing home, you have to have all of the evidence of the suffering or loss that has resulted from the actions or conduct of the Nursing home. Your Attorney will need to have this evidence for use if it goes to trial, and also long before it gets to that point to answer questions and prepare any other evidence.

Issues that you should make sure you have covered and documented include:

  • Evidence of any mental Anguish.
  • Evidence and documentation of loss of sleep, and impairment of ability to enjoy life activities.
  • Anticipated Future expenses resulting from the action of the Nursing Home.
  • Actual past expenses, such as medications, lab and nursing fees, doctor's costs, hospital costs.
  • Reasonable and necessary current expenses, from a variety of sources.
  • Pain and suffering from physical injuries.
  • Documented "Phantom Pain" and other types of subjective injuries that can be seen by others.

There are a number of other issues, but these are the most common and all of the different issues should be documented. There is no such thing as too much documentation when it comes to preparing for a possible legal action.

If there has been any disfigurement or serious injuries, you may be entitled to damages over and above actual reimbursement for costs. All people have the right to simple and basic dignity, and if the actions of another, either the staff or visitors at a nursing home, or the actions of another resident that was not properly supervised results in disfigurement then you should include and document this in your claim.

Other issues that you may be able to recover in a legal action can include

  • Loss of parental guidance and supervision over minor children.
  • Loss of relationship or spousal consortium.
  • Burial and Funeral Expenses related to misconduct or injury.
  • Grief and mental suffering.
  • Loss of companionship and guidance by the deceased person involved.

There are many other claims, but if you or a loved one has been damaged by the actions or neglect of a nursing home or nursing home staff, you need to make sure you document it to the best of your ability, and consult with an attorney near you.

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