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How to File a Nursing Home Abuse Lawsuit

If you or a loved one has been injured by nursing home abuse or neglect, you may want to consider a nursing home lawsuit. A lawsuit holds the nursing home accountable, helping to protect future patients. A successful lawsuit also helps you and your family obtain the financial compensation you deserve to cover medical bills, lost time at work, and pain and suffering.

How Does a Nursing Home Abuse Lawsuit Work?

While the specifics can vary from case to case, most nursing home abuse lawsuits start with determining damages by investigating what happened. Then, the plaintiff (the person bringing forward the lawsuit) makes a demand and files a formal complaint. The plaintiff’s attorneys and the defense attorneys working on behalf of the nursing home exchange information, and eventually, these two entities negotiate a settlement. You may agree to a settlement out of court, or in some situations, the case may go to trial.

How Do You Obtain Evidence for a Nursing Home Lawsuit?

Evidence from the plaintiff is one of the most important aspects of a successful nursing home abuse lawsuit. You need proof of the injuries, and which can be photographs, medical records, or witness accounts. For example, photographs of bed sores or medical records of treatments for dehydration would be pertinent. Beyond that, you need to be able to link the injury with the nursing home. In other words, your lawyer needs to prove that the nursing home caused the injuries or made them worse.

This often requires statements from nursing home employees or medical professionals. It can also include statements from the patient as well as professionals who work for Social Services or Adult Protective Services.

Who Can Bring Forward a Nursing Home Abuse Lawsuit?

A nursing home abuse lawsuit is a civil case, meaning it is brought forth by an individual rather than the state. Typically, the patient needs to initiate the lawsuit. To bring forward a suit on behalf of a loved one who is a patient in a nursing home, you usually need to have power of attorney. An attorney with experience in nursing home abuse lawsuits can help you determine if you have the right to bring forward a lawsuit.

In cases, where the patient has died, you may need to file a wrongful death lawsuit. In Massachusetts, you need to be the estate executor or administrator to file a wrongful death suit. In contrast, in New Hampshire, any person “interested in the estate of the deceased” can bring forward a wrongful death suit.

How Do You Hire a Lawyer for a Nursing Home Lawsuit?

If you believe that neglect or abuse happened, you should hire a lawyer to help you. Keep in mind there are many different legal areas, and you need someone experienced with personal injury or medical malpractice in general and nursing home abuse in particular.

To get help, contact Mazow | McCullough, PC today. We have fought numerous nursing home abuse lawsuits for our clients, and we would like to help you get the settlement you deserve. We start with a free consultation to help you decide the best way to move forward. Call now at (855) 693-9084.

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