If your loved one has suffered neglect in a nursing home, you may feel frustrated, hurt and unsure of what to do next. These issues can be emotionally painful to witness, partially because you trusted the facility to provide proper care.
Filing a nursing home neglect case may help protect your loved one and hold the facility accountable.
Steps for filing a nursing home neglect lawsuit
Below are key steps you may take when preparing to file a nursing home neglect lawsuit.
- Document the signs of neglect: Start by collecting as much evidence as possible. Take photos of any visible injuries, note changes in behavior or health and gather medical records. Keep track of any complaints you or your loved one made to the staff and how the facility responded.
- Report the situation to the proper authorities: Before filing a lawsuit, it may be necessary to report the neglect to the state agency responsible for nursing home oversight. These agencies may investigate the situation and issue findings that could support your case.
- Determine who can file the case: If your loved one is unable to act due to age or health, someone else may need to file the case on their behalf. This could be a person named in a power of attorney document or someone appointed by the court as a legal guardian. Reviewing any relevant documents can help clarify who has the right to take action.
- Identify the responsible parties: Nursing home neglect cases can involve more than just the direct caregiver. The facility itself, management staff or even outside contractors could all play a role. Filing against the proper parties is important to avoid delays or dismissal of the case.
- File the complaint in court: Once you have the necessary documents and information, the next step is to file the complaint in the correct court. This document outlines what happened, who was responsible and what you are seeking. From there, the court process begins.
Taking action may feel daunting at first, but clear steps and informed choices can help you move forward with purpose. Obtaining legal guidance can provide clarity and help you to navigate the process as effectively as possible.