Want to 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.

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.

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.

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.

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.