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How do I File a Nursing Home Lawsuit?

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  • Written By: Autumn Rivers
  • Edited By: Angela B.
  • Last Modified Date: 28 February 2020
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    Conjecture Corporation
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If you or a loved one has been neglected or abused at a nursing home, then you may be considering bringing a lawsuit against the perpetrators. First, you should seek legal counsel from attorneys to ensure you have a strong case. Once it is determined that you have sufficient evidence of nursing home abuse, you can submit notice of claim to the nursing home so the staff is aware of the lawsuit. During this time, your attorney will likely look for an expert medical witness to testify if your nursing home lawsuit goes to court. Note that most cases are settled before ever going to trial, so expect to meet at least once with both your attorney and the legal representatives for the nursing home.

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The best way to ensure success regarding your nursing home lawsuit is to find a good lawyer who thinks you have a strong case. Most attorneys offer a free initial consultation, allowing you to find an experienced lawyer with whom you can work well. He can obtain the medical records from the nursing home if you do not already have them, and he can usually ascertain whether you have a case. Consider talking to a few lawyers in your area, especially to get a second opinion if the first attorney does not think your case is strong. Try to find a lawyer who will only charge you if you win the nursing home lawsuit, so you will not be in debt afterward if you lose.

Once you have committed to an attorney, he will send notice of claim to the nursing home to let those in charge know about the lawsuit. This gives them a chance to respond, usually through their attorney. In most cases, they will attempt to settle, usually by setting up a meeting between both parties to discuss a compromise of sorts. This way, you will get the money to pay for medical bills or funeral expenses, and the nursing home officials will be saved the trouble of going to court and damaging their reputation. Of course, if your motive is to ensure that the nursing home is shut down so the staff cannot abuse or neglect other patients, you can let your lawyer know that you prefer the case to go to trial.

To ensure a good chance of winning the nursing home lawsuit, your lawyer will try to find an expert medical witness. This is a medical doctor who will look at the details of the case, such as medical records and any injuries that you or your loved one sustained at the nursing home. It is the job of the expert medical witness to then write a letter or appear in court, explaining how the nursing home was abusive or neglectful. Using this type of witness can lend your case some credibility, because the judge and jury are likely to listen to the medical opinion of a doctor. This testimony is a major element of your typical nursing home lawsuit.

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