FAQs

Q. Should a claim be brought for abuse, neglect or mistreatment by a nursing home, assisted living residence or other healthcare provider?

A. Whether you should bring a claim depends on if:

• The person who harmed you or your loved one should be held responsible;
• The harm did not have to happen and could have been avoided;
• What happened to you or a loved one should not happen to anyone else;
• You or a loved one should not be living with unnecessary pain and suffering;
• It is not fair that medical bills have to be paid.

Q. Should an Attorney be hired?

A. You should seriously consider hiring an attorney experienced in nursing home or assisted living litigation if:

• The case is a serious matter;
• The case involves death, or permanent injuries;
• You are not familiar with the complex and changing laws;
• You do not understand the rules of civil procedure;
• You are not trained to argue in court and are not aware of filing requirements, court procedures, and important deadlines;
• You are not experienced in arguing or negotiating with insurance defense attorneys;
• You are not prepared to conduct a prompt thorough investigation to obtain the necessary documents, to take necessary photographs and videotape footage, to interview witnesses or to preserve key evidence before it disappears or is destroyed.

Q. What is the Law that applies to the claim?

A. To prove that someone is legally responsible for personal injuries or wrongful death, it is necessary to show:

• Someone acted negligently;
• Their negligence caused wrongful death, personal injuries, or other harm;
• The harm or damages include recovery for pain and suffering, medical bills, the loss of consortium of a spouse. Damages may be recovered for losses that were already suffered as well as future losses.

Q. What steps should be taken to investigate a nursing home claim?

A. If there is any reason to suspect that there may have been abuse, neglect or negligent care; you should consult with an attorney experienced in nursing home litigation as soon as possible.

A thorough pre-suit investigation includes at least the following steps: obtaining and reviewing nursing home and medical records; photographing and videotaping evidence, interviewing witnesses, researching the facility, its ownership, corporate structure, and licenses; examining investigations and surveys conducted by state and federal agencies; researching prior disciplinary actions and previous lawsuits as well as consulting with experts in the fields of medicine, nursing and administration. Careful evaluations may take months and can be very expensive, depending on the nature of the allegations.

Q. Are there deadlines to pursuing a claim for abuse, neglect or mistreatment?

A. Claims must be resolved or a lawsuit filed within certain periods of time called statutes of limitations or statues of repose. Sometimes it is critical to give notice to potential defendants within a certain amount of time. The deadlines depend on:

• When the events happened;
• When the abuse, neglect or mistreatment occurred;
• When you suspected that there had been negligence;
• When the injuries were caused;
• When the person died.

Q. Does it make economic sense to pursue every case?

A. It makes sense to bring a case when you will recover a sufficient amount of money after paying the costs to bring the case as well as attorneys fees. Pursuing a claim can be very expensive. The biggest expenses include hiring experts, paying filing fees, and obtaining medical records. Oftentimes attorneys will pay these costs out of their pocket and then be reimbursed when the case is resolved. In addition, there is an attorneys’ fee, which is usually a percent of the money that is recovered. Whether it makes economic sense to bring a claim depends on whether:

• The damages are significant enough to make it worthwhile.
• There has been a wrongful death.
• The personal injuries are permanent.
• There is a surviving spouse or minor children.
• There are liens on the claim asserted by Medicare, Medicaid or a health insurance company.

Free Consultation: Concerned about your loved one's care in a nursing home or assisted living residence? Call nursing home injury lawyer Jeffrey Padwa.