Is it difficult to sue a nursing home?

Is it difficult to sue a nursing home? This is a common question families ask when their loved ones suffer harm in a nursing facility. Filing a lawsuit against a nursing home can feel overwhelming, especially when dealing with the emotional toll of neglect. However, while pursuing legal action is complex, it is far from impossible. With the right legal team, such as Burger Law, you can hold negligent nursing homes accountable and secure justice for your family.

Suing a Nursing Home for Negligence: is it difficult?

Suing a nursing home for negligence can be challenging, but it is achievable. The difficulty often lies in proving the facility failed to meet the standard of care required by law. Nursing homes are required to provide adequate care and safety for their residents. When they neglect these duties, they can be held liable for the harm caused.

A successful case depends on evidence. This may include medical records, staff reports, witness statements, or expert testimony. An experienced attorney can navigate the intricacies of nursing home regulations, identify responsible parties, and gather the necessary documentation to support your claim. According to the Nursing Home Abuse Center, lawyers play a critical role in pursuing compensation by collecting evidence and navigating the complex legal system.

How Much Can You Sue a Nursing Home for Negligence?

The compensation you may recover in a nursing home negligence lawsuit depends on the specifics of your case. Generally, damages in these cases are categorized into:

• Economic damages cover tangible losses, such as medical expenses, therapy, or relocation to a new facility.
• Non-economic damages compensate for intangible losses, such as pain, suffering, or emotional distress.
• In some cases, punitive damages may be awarded to punish the nursing home for particularly egregious misconduct.

Compensation amounts vary based on factors like the severity of the injury, the extent of negligence, and whether the case goes to trial or is settled out of court. A lawyer familiar with nursing home cases in St. Louis can evaluate your circumstances and provide a better understanding of potential outcomes.

Suing for Nursing Home Negligence vs. Nursing Home Abuse

Nursing home negligence and nursing home abuse are distinct legal claims. While both involve harm to residents, the key difference lies in intent.

• Negligence refers to a caregiver’s failure to provide appropriate care, whether through oversight or lack of action. Examples include failing to prevent falls or neglecting to address bedsores.
• Abuse involves intentional harm, such as physical violence, emotional manipulation, or financial exploitation.

Both are grounds for a lawsuit, but the legal strategies and evidence required may differ. For instance, proving abuse usually involves demonstrating deliberate acts, while negligence focuses on the failure to uphold basic standards of care. Nursing Home Abuse Center explains that attorneys can handle both types of claims by gathering the necessary proof to build a strong case.

“I’ve devoted my life to ensuring our clients get full injury compensation.”

 

Gary Burger

Litigation Attorney

Nursing Home Negligence Statute of Limitations

Missouri law imposes strict time limits for filing a nursing home negligence lawsuit. This is known as the statute of limitations. In most cases, you have two years from the date of the injury or discovery of the harm to file your claim. Waiting beyond this time frame can result in your case being dismissed, regardless of its merit.

Statutes of limitations are in place to ensure timely legal action, as evidence can deteriorate over time. If you suspect negligence, acting quickly by consulting with an attorney is fundamental. An experienced lawyer will verify your case is filed within the required timeframe and help protect your rights.

Types of Nursing Home Neglect

Nursing home neglect comes in many forms, each with devastating consequences for residents. Common types of neglect include:

• Medical neglect: Failing to provide necessary medications, treatment, or care for existing health conditions.
• Personal hygiene neglect: Ignoring residents’ hygiene needs, such as bathing, oral care, or clean clothing.
• Emotional neglect: Leaving individuals isolated or ignoring their emotional and social needs.
• Basic needs neglect: Failing to provide adequate food, water, or safe living conditions.

Each type of neglect violates the duty of care owed to nursing home residents. If your loved one shows signs of neglect, such as bedsores, weight loss, or changes in behavior, consult with an attorney immediately.

How to Sue a Nursing Home for Negligence

To sue a nursing home for negligence, follow these key steps:

• Document the harm. Collect evidence such as medical records, photographs of injuries, witness statements, and any correspondence with the nursing home.
• Report the neglect. In the state, families can report nursing home neglect to the Missouri Department of Health and Senior Services. Filing a report with this state agency guarantees that an investigation is conducted and creates a formal record of the neglect.
• Consult an attorney. A skilled nursing home negligence lawyer will help evaluate your case, identify responsible parties, and build a legal strategy to secure compensation.
• File the lawsuit. Your lawyer will submit the necessary legal documents, adhering to Missouri laws and statutes of limitations.
• Seek compensation. Whether through a settlement or trial, your legal team will advocate for damages to cover medical costs, pain and suffering, and other losses.

By following these steps, families can take action to protect their loved ones and hold negligent facilities accountable.

Who Can Sue for Nursing Home Neglect?

Family members or legal representatives can sue on behalf of nursing home residents. This typically includes spouses, children, or legal guardians. If the individual has passed away, the lawsuit may be filed by the estate’s executor or personal representative.

Lawsuits can be filed against various parties, including individual caregivers, nursing home administrators, or the facility itself. An attorney will help determine who is liable and take action to hold them accountable.

When Should You Sue a Nursing Home for Negligence?

You should sue a nursing home for negligence as soon as possible after discovering the harm. Early action helps preserve evidence and ensures compliance with the statute of limitations. Signs of neglect, such as unexplained injuries, rapid weight loss, or emotional distress, should not be ignored. If your loved one has suffered due to substandard care, consult a lawyer right away to protect their rights and pursue justice.

Get Legal Help to Sue a Nursing Home for Neglect

Your loved one’s safety and dignity matter. Let us provide the legal support you need to protect their rights and pursue justice. Call Burger Law today at (314) 500-HURT for a free, no-obligation consultation. Take the first step toward making things right—our team is here for you every step of the way.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

click here more Info