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.

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.

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.

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.

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.