Filing A Nursing Home Negligence Suit

By Karina Frost


The nursing home negligence is becoming a serious problem which is affecting many people admitted to such facilities each year. These residents being nursed have rights that protect them from negligence and give them opportunity to receive proper health care. Failure to receive the above, the residents or their loved ones can file for a nursing home negligence suit which will see their rights being respected.

In the case that you have a strong belief that your loved one is suffering from negligence at a nursing institution, you first of all have to raise your concerns with the administration of the facility. If you fail to acquire a satisfactory solution, or your claims are denied or even given false promises to address your queries, then this becomes the ideal moment to go the legal way.

When pursuing this case, documentation becomes very vital. Make sure that you put a record everything carefully that pertains you case including; accusation basis, the day you began suspecting the negligence, the one you complained to, the response that was given, action that the management took, among others. This info will be of importance prior to contacting your state agency in City Hammond, LA or in event of pursuing legal action.

The office of attorney general will aid you in understanding the relevant path to take concerning the jurisdiction of nursing institutions. It may fall under health department or different agency. A different viable option you can begin at is at the adult protective services department. Available resources can be obtained widely on the online site on state national aging council.

The initial staff you make contact with when you decide on making contact with state agency should be the one assigning you with case number. Multiple forms that need to be filled appropriately will be provided and mandated to be filled. At this stage one is also mandated to provide the legal documentation which are to support their claims.

Supposing you live in LA but your ailing parent is residing at a nursing center in a different state, you ought to contact the state agency the facility is situated. Much of paperwork can be easily handled through mail and phone though there may be situation you will need to testify in person. In situation you are unable to travel you can give a deposition to a City Hammond, LA attorney who will submit it for you to appropriate agency in the state the facility is located.

Regardless of if the state pursues the criminal charges for negligence in nursing institutions or not, you have rights that allows you to file civil suit on behalf of a resident. Apart from asking for monetary damages, the civil case do have various pros to criminal court. Since a decision is based on preponderance of evidence, this is likely to make the case go in favor of plaintiff, who in this case will be you.

Be aware that injury or death lawsuits that can simply be avoided get based on statutes limitation. This reflects to that a person is given a certain duration of time where one is supposed to file suit or it rather becomes invalid. Time it usually takes for such a case is in most cases two to three year from the injury inception or death day.




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