Holding Nursing Homes Accountable: The Process of Filing a Lawsuit
07.15.24
Our attorneys have seen firsthand the devastating impact that substandard care can have on nursing home residents and their families. If you or a loved one has suffered abuse or neglect in a nursing home in Delaware, Maryland, or Pennsylvania, you may be able to seek justice and compensation through legal action. This article will give you a general overview of the process of filing a lawsuit against a nursing home. If you believe you or a loved one is a victim of neglect in a nursing home, you should contact an attorney to discuss the best action for you in your specific circumstances.
Understanding Nursing Home Abuse and Neglect
Before diving into the legal process, it helps to understand what constitutes abuse and neglect in nursing homes. Abuse can take many forms, including physical, emotional, sexual, and financial exploitation. Neglect, on the other hand, involves the failure to provide necessary care, leading to harm or the risk of harm. Both can lead to harm to a nursing home resident for which the facility should be held accountable.
Common signs of nursing home abuse or neglect include:
Unexplained injuries such as bruises, cuts, or burns
Sudden weight loss or malnutrition
Poor hygiene or unsanitary living conditions
Bedsores or pressure ulcers
Emotional withdrawal or unusual behavior changes
Unexplained financial transactions or missing personal belongings
If you notice any of these signs, it is essential to take action promptly to protect your loved one and prevent further harm. You can learn more about warning signs of abuse in our blog article: What are the Warning Signs of Nursing Home Abuse or Neglect?
Steps to Filing a Nursing Home Lawsuit
Before focusing on any of the below steps, it is crucial to ensure that the victim is no longer in an unsafe situation and that they have received medical care for any injuries. Their health and safety is the first priority.
1. Report the abuse
Before proceeding with a lawsuit, report the abuse or neglect to the appropriate authorities. In Delaware, Maryland, and Pennsylvania, you can report nursing home abuse to:
The nursing home administrator
Your state's Adult Protective Services agency
The local police department (in cases of criminal abuse)
Your state's long-term care ombudsman
Reporting the abuse not only helps protect your loved one and other at-risk residents in the nursing home but also creates an official record that can support your legal case.
2. Document the abuse or neglect
A strong legal case is built on solid evidence. Document any signs of abuse or neglect through:
Photographs of injuries or unsanitary conditions
Medical records and incident reports
Witness statements from staff, other residents, or visitors
Written communications with nursing home staff about the abuse or neglect, such as emails, texts or letters
Notes detailing conversations with nursing home staff or administrators
Keep a detailed log of all incidents, including dates, times, and the names of individuals involved.
3. Consult with an experienced nursing home abuse attorney
Navigating a nursing home lawsuit can be complex, which is why you should work with an attorney who has experience in this area of law, like the Nursing Home Abuse/Neglect attorneys at Morris James. An experienced attorney can:
Evaluate the strength of your case
Explain your legal rights and options
Guide you through the legal process
Help gather additional evidence to support your claim
Negotiate with the nursing home and their insurance company
Represent you in court if necessary
Most reputable nursing home abuse attorneys, including our team, will offer a free initial consultation, allowing you to discuss your potential case without the worry of lawyer fees.
4. File the lawsuit
If attempts to resolve the issue with the nursing home are unsuccessful, you and your attorney may decide to file a formal lawsuit. Even claims that are settled in negotiations often involve the filing of a legal claim. It shows that the victim is serious about their claim, and it displays the strength of the case and preserves a victim’s legal right to hold the negligent provider accountable. This may involve:
Preparing and filing a complaint with the appropriate court
Serving the complaint on the nursing home and other defendants
Paying the required court filing fees
The complaint will outline the specific allegations of abuse or neglect, the harm suffered, and the compensation sought. Your attorney will handle all of this for you.
5. The discovery phase
Once the lawsuit is filed, both sides enter the discovery phase. During this time:
Your attorney will request documents and information from the nursing home and other sources
The nursing home's lawyers may request information from you through your attorney
Depositions (sworn out-of-court testimony) may be taken from witnesses, including nursing home staff and medical experts
This phase is crucial for building a strong case. Although you will have to provide information to your attorney and the nursing home’s attorneys, any communication with the other side will always be through your attorney.
6. Negotiations and potential settlement
Many nursing home abuse cases are settled out of court. Your attorney will negotiate with the nursing home's legal team to reach a fair settlement. This process may involve:
Mediation sessions with a neutral third party
Back-and-forth offers and counteroffers
Evaluation of the strength of evidence and potential jury outcomes
If a fair settlement can be reached, the case may be resolved without going to trial. Your attorney will advise you about what is a fair settlement offer in your circumstances but the final decision will always be yours. If negotiations are unsuccessful, your attorney will prepare to take the case to trial.
7. Trial
Most of our cases are resolved without the need to go to trial, but our attorneys have extensive experience advocating for clients at trial. If a settlement cannot be reached, your case will proceed to trial. During the trial:
Both sides will present evidence and call witnesses
Expert testimony will be provided to support your claims
A judge or jury will determine if the nursing home is liable for the abuse or neglect
If liability is established, the amount of damages will be decided
While going to trial can be stressful, our attorneys will be by your side every step of the way to guide you through the process and fight for your rights in court.
Types of Compensation Available
In a successful nursing home abuse lawsuit, you may be entitled to various forms of compensation, including:
Medical expenses related to the abuse or neglect
Pain and suffering
Emotional distress
Loss of quality of life
Punitive damages (in cases of egregious misconduct)
In cases where abuse or neglect resulted in death, surviving family members may be able to file a wrongful death lawsuit seeking additional compensation.
Statute of Limitations
It is important to be aware of the statute of limitations for filing a nursing home abuse lawsuit in your state. The statute of limitations is the legal deadline for filing a case. In Delaware, Maryland, and Pennsylvania, the time limits are generally as follows:
Delaware: 2 years from the date of injury resulting from the abuse
Maryland: 3 years from the date of injury
Pennsylvania: 2 years from the date of injury or discovery of the abuse
There may be exceptions to these limitations periods, and an experienced lawyer will be able to advise if any exceptions may apply. Generally speaking, however, failing to file within these time limits may result in losing your right to seek compensation, so it is crucial to act promptly if you suspect abuse or neglect.
Challenges in Nursing Home Lawsuits
While filing a lawsuit can be an effective way to hold nursing homes accountable, there are some challenges to be aware of:
Nursing homes often have teams of experienced lawyers defending them
Some facilities may attempt to cover up evidence of abuse or neglect
Residents with cognitive impairments may have difficulty providing testimony or supporting evidence
Proving negligence can be complex and usually requires expert witnesses
An experienced nursing home abuse attorney can help you navigate these challenges and build a strong case.
Preventing Future Abuse
While lawsuits can provide compensation and accountability, preventing abuse is always preferable. Some steps you can take to protect your loved ones include:
Researching nursing homes thoroughly before choosing a facility
Visiting regularly and at different times of day
Building relationships with staff members
Staying involved in your loved one's care plan
Being vigilant for signs of abuse or neglect
By staying informed and engaged, you can help ensure that your loved one receives the quality care that they deserve.
Filing a lawsuit against a nursing home for abuse or neglect is a serious step, but it can be necessary to protect your loved one and hold facilities accountable for substandard care. By understanding the legal process and working with an experienced attorney, you can navigate the complexities of a nursing home lawsuit and seek the justice and compensation you deserve.
At Morris James, our attorneys have been standing up for victims since we opened our doors in 1932. If you or a loved one has been harmed as a result of nursing home abuse or neglect or you have questions about this topic, contact us online or call us at 302.655.2599 to learn more.
