10 Steps To File a Claim Against Nursing Home Abuse

Nursing Home Lawsuits:

Here are the top 10 steps to file a claim against nursing home abuse so you can protect your loved ones with a lawsuit.

Has your loved one faced abuse in a nursing home? If nursing home staff abuse you or a family member, you can pursue legal action to get a fair settlement for the damages. You will likely need to reach out to a medical malpractice lawyer. 

I’m sharing this article because as a daughter I’ve explored how best to keep my parents safe as they grow older. Plus, as you might know, I am a recovered stress sufferer.

I truly know what it’s like to try to manage uncomfortable emotions during challenging times.

I founded the groundbreaking video course called The Anxiety Cure.

I love sharing insights and strategies to help people to live their most stress-free lives – especially in tough times. And I love to help people to reduce the potential for stressful events in their lives in the first place.

With this in mind I put together this quick article about nursing home lawsuits.

First things first: If you want to ensure a successful nursing home abuse claim, you can learn how to seek legal representation here. Below, find out the top steps for filing a claim against nursing home abuse with the help of a lawyer. 

10 Steps for Filing a Claim Against Nursing Home Abuse

1. Call the Police If a Crime Was Committed

When your loved one is in danger or has suffered abuse, you should call 911. Your family member or friend may need medical assistance due to a serious injury. However, if your family member is currently safe, you should still call the police via their non-emergency phone line. 

2. Inform the Nursing Home of Suspected Abuse

The most important step is to inform the nursing home managers about any suspected elder abuse taking place. The nursing home staff needs to know about the problem immediately to correct any negligence or abuse. The best idea is to put the complaint in writing, but you can also talk face-to-face with an administrator. 

3. File a Complaint with State Agencies

You should also file a complaint with your state agency soon after the incident. For example, in the state of Washington, you will need to send a claim to the Department of Social and Health Services’ (DSHS) Aging and Long-Term Care Support Administration (ALTSA).

In Massachusetts, you can contact Massachusetts Adult Protective Services, the Massachusetts Assisted Living Ombudsman, or the Massachusetts Executive Office of Elder Affairs.

Those in Chicago can contact the Chicago Department of Family & Support Services or the Office of Domestic Violence to report a case of nursing home abuse.

4. Reach Out to a Nursing Home Abuse Attorney

Once you have filed complaints with state agencies and the police station, you should contact an attorney experienced in nursing home abuse cases. If your loved one experienced financial, physical, mental, or emotional damages, you can file a lawsuit against the liable party. 

5. Gather Evidence with Your Lawyer

Your attorney will help you gather the evidence and information you need to prove your case. The lawyer will show the harm your loved one underwent and why your family member should get compensated.  

The type of evidence your attorney should gather include nursing home contracts, medical records, and other paperwork.

6. File a Lawsuit in Court

Once you gather all the evidence, your lawyer will file an elder abuse lawsuit in court. Your attorney will make sure to file the case on time before you miss any deadlines. The nursing home will need to respond once you file the claim.

7. Obtain Information During the Discovery Phase

The discovery phase during the trial involves both parties seeking information and evidence from each other. Doing so is meant to improve their case. 

8. Agree to a Settlement

Often, a lawsuit involving injuries may get solved with a settlement outside of court. Nursing home abuse settlements involve a way for you to get payment via a legally binding document. The settlement also ensures that the case does not go to trial.

9. Pursue a Trial If You Cannot Reach a Settlement

If you cannot settle with the nursing home agency or another liable party, your case will likely go to court. In court, your lawyer will present your case and the other side will explain their side of things. A judge or jury will then decide on the outcome of the case. 

10. Either Party Can Appeal the Court’s Decision

If you believe that the decision made by the judge or jury is not favorable and potentially inaccurate, you can file an appeal with the court. Either party can file an appeal. 

Conclusion on Nursing Home Abuse

Follow the steps above to file a nursing home abuse claim with the help of your attorney. 

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