Can I Sue a Nursing Home for Malpractice?

Nursing homes, skilled nursing facilities, and assisted living facilities all provide medical services to residents who are unable to care for themselves. Some of these services are related to activities of daily living, such as assistance with meals or using the bathroom, while others more explicitly require the nursing home staff to provide medical care and treatment, which can fall under medical malpractice if that care is not performed properly.

Regardless of the type of services being provided, nursing facilities have a duty to provide appropriate care and treatment to their residents. When a nursing home breaches its legal duty and causes harm to someone you love, you should talk to an experienced medical malpractice attorney who can investigate and hold the nursing home responsible for the harm it caused.

Nursing Homes Have a Duty to Provide Competent Medical Care

When a family decides to place a loved one in a nursing home, the family trusts that the facility will provide their loved one with appropriate medical care, in addition to managing their loved one’s daily needs.

Nursing homes advertise themselves as places where your loved one will be cared for in their final years. Meeting a resident’s medical needs is one of a nursing home’s most basic and fundamental obligations.

But when nursing facilities provide care that does not meet appropriate medical standards, the nursing home and the individual are providers and can be liable for medical malpractice.

Examples of Medical Negligence in a Nursing Home

Medical malpractice in a nursing home is different from abuse or neglect of a nursing home resident. Nursing home medical malpractice refers to instances when the nursing home and its staff have agreed to provide a resident with medical services and fail to provide that care and treatment within an appropriate level of medical skill and care.

Common examples of medical malpractice in a nursing home include:

  • Prescription medication errors
  • Medical errors by the nursing staff or physician
  • Improper use of physical or chemical restraints
  • Failure to provide necessary and appropriate medical equipment
  • Poorly trained staff
  • Unsanitary conditions or supplies
  • Ignoring a resident’s medical concerns
  • Failure to arrange or provide medical care by a nurse or physician

What To Do If You Suspect Medical Malpractice in a Nursing Home

If you suspect someone you love was the victim of medical malpractice in a nursing home, it is important that you act quickly. Start by reporting your suspicions to the nursing home director or another facility administrator.

If you suspect someone you love was the victim of medical malpractice in a nursing home, it is important that you act quickly. Start by reporting your suspicions to the nursing home director or another facility administrator.

You should also seek the advice of a qualified and experienced medical malpractice lawyer. A medical malpractice attorney can evaluate the facts and circumstances that gave rise to your complaint and can give you advice on how to move forward.

Depending on your circumstances, you may need to file a report with state nursing home authorities, move your loved one to a new nursing home, and investigate and file a lawsuit against the nursing home, doctors, and nursing home staff who injured your loved one.

By filing a lawsuit against the parties that caused harm to your loved one, you can hold the individuals and the nursing home responsible for the harm they caused.

Proving a Claim of Medical Malpractice

To succeed in a medical malpractice case, a victim of medical malpractice must prove the following four elements of a negligence claim:

  • The healthcare provider owed a duty to the patient
  • The professional breached their duty
  • The breach caused the patient’s injuries
  • The patient’s injuries caused legally recognizable damages

If you are successful, you and your family may be entitled to compensation for:

  • Medical bills
  • Pain and suffering
  • Emotional distress

Wrongful Death Claim for Victims of Medical Malpractice in a Nursing Home

Because nursing home residents often are already in a state of fragile health, a medical mistake can have devastating consequences and, tragically, often lead to the death of the patient.

If malpractice in a nursing home led to the death of someone you love, your family may be eligible for compensation for loss of companionship and funeral and burial expenses by filing a claim for wrongful death.

Robenalt Law: Fighting for Nursing Home Residents Who Were Victims of Medical Malpractice

At Robenalt Law, our experienced nursing home negligence and medical malpractice lawyers have extensive experience representing the families of people who have been injured or killed by medical malpractice in a nursing home.

We have the experience, resources, and expertise to evaluate your situation and successfully take on your case.

We handle cases of medical malpractice and nursing home negligence on a contingency fee, which means we don’t get paid unless we recover money for you.

Learn why clients choose us, get answers to frequently asked questions, and contact Robenalt Law today to schedule a free and confidential consultation to discuss your case.

Tom Robenalt started his litigation career representing doctors and hospitals at a large firm in Cleveland. For the past 25 years, he has used that experience to help victims and the families of those injured by negligent health care providers.

Categories: Medical Malpractice