Yes, if your loved one fell at their nursing home, and the nursing home was negligent, you can sue the nursing home. According to the Centers for Disease Control and Prevention, one out of five falls for older adults can lead to broken bones, head injury, or other serious injuries. If your loved one has fallen and suffered injuries because of the negligence of another, it is important for you to intervene and consider the long-term consequences.
A nursing home lawsuit could entail different factors, claims, and results, so it is important to understand the legal process. Consulting with a lawyer who is knowledgeable about nursing home laws could help you decide if, when, and how you should take legal action.
Taking Legal Action for Falls in Nursing Homes
Civil courts process nursing home claims. In civil court, it is important for the victim, or you on behalf of your loved one, to prove that the nursing home is liable for any injuries or losses. You may consider any of the following foundations for your claim: negligence, wrongful death, medical malpractice, and breach of contract. This list is not exhaustive of possible causes to sue a nursing home for a fall. Talking about your specific case with a personal injury lawyer can help give you the professional and legal perspective you need while keeping your interests in mind.
If a nursing home fails to maintain practices by federal standards and regulations, it could result in a civil lawsuit from the victims of neglect and abuse. Whether or not neglect is intentional is not the main cause for concern. It is the legal obligation of the nursing home and other senior living facilities to maintain a safe place for your loved ones to thrive.
Establishing Care Standards and Nursing Home Resident Rights
This 1987 act ensures each resident receives certain services and established a bill of rights for all nursing home residents. It stipulates freedom from abuse, physical restraint, and discrimination. If nursing homes do not comply with these laws, the state’s regulatory agencies may fine them until they correct the issue, and the Centers for Medicare and Medicaid Services (CMS) could deny payment for Medicare or Medicaid admissions.
Nursing Home Regulations to Protect Elderly Residents
Established in 1935, the Social Security Act helps vulnerable American citizens. This protection includes public old-age assistance for all states. In order for nursing home facilities to receive funds from the federal government, they must follow a set of rules regarding safety, cleanliness, and care. Since 1935, the federal government has revised the act to enforce tighter code standards. The expectations for federal regulations are high, but some institutions may still fail to maintain the standards set.
You may also consider additional federal regulations, like the Older Americans Act, and your state’s Long-Term Care Ombudsman Program. Beyond that, it is important to check with your local state regulations, to ensure the nursing home properly conducts all in-state codes. If you suspect that your loved one’s nursing home was negligent or abusive, it may be best to speak with a lawyer about your case.
If you suspect that your loved one’s nursing home facility failed to comply with federal or state regulations, you may have a case. A lawyer can help you discern any potential issues and how to resolve them. Ultimately, the burden of care, compassion, and safety are legal responsibilities. If you have any doubts about the standard of care in your loved one’s nursing home, it is important totrust your gut. It could be a warning sign of negligence.
You Have a Limited Time to Act after a Nursing Home Fall
If your loved one falls in their nursing home and becomes injured, you may decide to seek compensation for losses. The best time to plan for legal action is as soon as you suspect that your loved one’s care has gone awry. A personal injury attorney can help you build a case from the start.
Considering that most states have a statute of limitations on nursing home neglect claims, it is important to get started with your claim as soon as you think you have a case. Once the statute of limitations is up, it can be difficult to successfully file a claim, gather timely evidence and witnesses, and pursue compensation for losses.
Pintas & Mullins Law Firm Can Help Protect Your Rights
The lawyers at Pintas & Mullins Law Firm can help you and your family seek compensation for your loved one’s pain and suffering, medical bills, and more. Pintas & Mullins Law Firm works on a contingency fee basis and do not shy away from tough cases. You will not have to pay anything until compensated for injuries and losses.
You can call us today at (800) 842-6336 for a free consultation, with no obligation to pay anything until you recover compensation.