Our nursing home abuse lawyers are aware you probably have many questions you would like answered regarding nursing home abuse and neglect in Michigan.
Here, we try our best to answer many of the common questions we are often asked by our clients.
However, you probably have a question or a concern that is unique to your situation which requires the attention of one of our expert attorneys.
There are may questions people frequently ask our attorneys after they suspect their loved one has been the subject of nursing home abuse in Michigan. These include:
- What are the first steps someone should take in a nursing home abuse claim?
- What should I do if I suspect my loved one has suffered neglect or mistreatment in a nursing facility?
- Are there any damage caps on nursing home lawsuits?
- How might pre-existing conditions affect a settlement in a nursing home abuse claim?
- What is the statute of limitations in Michigan for these claims?
- How long does a nursing home neglect case usually last?
Our goal is to answer these and other frequently asked questions about nursing home abuse claims.
Hopefully, our answers could help to start guiding you through the first steps of your case as you decide whether or not to pursue a claim.
If the negligence of a nursing home is responsible for you or a loved one’s personal injuries, you may be entitled to financial compensation through a settlement or trial.
Having a skilled lawyer on your side throughout a nursing home abuse claim can be an incredibly valuable asset. At Buckfire & Buckfire, P.C., our attorneys are experienced in these claims, and will work hard to make you feel comfortable throughout this difficult process.
Of course, if you have questions you’d like answered about the unique aspects of your case, reach out to our compassionate attorneys today to schedule a free consultation.
We encourage you to contact us for a free, no-obligation case review to tell us your story.
Call us now. We are friendly and eager to help you.
When can you sue a nursing home?
You can sue a nursing home if a resident suffered a preventable injury. These are injuries that occur due to negligence by the staff in the care of the resident. If a serious injury occurs, the nursing home can be sued for neglect and abuse. Medical experts are needed to prove negligence by the staff.
What is the statute of limitations to file a nursing home lawsuit?
In general, a lawsuit must be filed before the two-year anniversary of the injury date. The statute of limitations is identical to medical malpractice cases under Michigan statute. There are occasions when the deadline to file a lawsuit is extended, including when it involves the death of a resident.
How do you prove a nursing home case?
You prove a case by a thorough review of all medical records and the nursing home chart. These documents provide the basis for understanding the care and how an injury occurred. Our lawyers will review every page of all records to see what happened and if an injury could have been prevented.
We will also have the records reviewed by a nursing home nurse and likely even a physician. In Michigan, it is necessary to have these medical experts sign an affidavit proving the case has merit.
What are the most common complaints against a nursing home?
Many families have had bad experiences with loved ones in a nursing home. The most common complaints are poor food quality, not enough staff, and slow response time to call lights. Other complaints deal with the bathing and cleaning of residents and giving proper medication.
To pursue a case for neglect, the complaint must relate to the care provided to the resident. And, the inadequate care must result in serious harm or injury. So, the fact that a resident doesn’t care for a meal is not sufficient to pursue a case. However, if a resident chokes on food that should not have been given due to meal restrictions then it is the basis for suing the nursing home.
Are nursing homes liable for falls?
A nursing home may be liable for a fall in certain circumstances. Residents must be assessed at admission and throughout their stay to determine if they are a fall risk. High risk factors include balance problems, dementia, weakness, and certain medications. In addition, a history of previous falls is a strong indication that resident is at risk for a fall.
The nursing home staff must put a fall care plan in place for high risk residents. This can include putting the bed in a low position, assistance with transfers, and close supervision. If these measures are not in place and resident falls, the nursing home could be liable for the resulting injury.
Can you sue a nursing home for a bedsore?
A resident that is admitted to a nursing home without evidence of skin breakdown should not develop a bedsore. When a patient is assessed as a risk for developing a sore, the staff must take measures to prevent it from happening. This includes regular turning in bed, keeping the bottom side clean of urine and feces, and regular bathing or showering.
In addition, the nursing staff should regularly check skin surfaces for evidence of skin tears or sores. If they are observed, they must notify the physician or wound care specialist. When these responsibilities are ignored, the nursing home can be sued for the harm caused by the bedsore.
How do I report nursing home abuse to the State of Michigan?
Any person can report nursing home abuse and neglect to the Michigan Department of Licensing and Regulatory Affairs (LARA). The agency takes complaints very seriously and assigns an investigator to visit the facility and perform an investigation. Many times, the agency will issue citations or violations against the facility based upon your report of abuse.
How much money do nursing home lawyers charge for cases?
Buckfire Law represents clients in nursing home cases under a contingent fee agreement. This means there are no lawyer fees unless you win a settlement. Our firm pays all of the case costs also. We earn a percentage of the settlement recovery and get paid at the end of the case.
Do most cases settle or go to court?
Most nursing home abuse cases settle without going to court. After a lawsuit is filed, the lawyers for both parties take depositions and exchange written documents. Once this is completed, the lawyers will either negotiate a settlement or attend a mediation to help the parties achieve a fair settlement.