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Nursing Home Negligence Omaha NE

Attorneys in Omaha, NE
Nursing Home Negligence Omaha NE

Can I Sue a Nursing Home?

When we take our loved ones to nursing homes, we trust that the nursing home will provide our loved one with the care that we are not able to.

However, not all nursing homes or nursing home staff meet these basic requirements. In fact, some nursing home staff intentionally cause harm to our loved ones. This can have a devastating impact not only on the victim of the neglect or abuse but also on their loved ones.

Can I Sue a nursing home?

If your loved one is a resident of a nursing home and you suspect or know that they have suffered abuse or neglect while living in a nursing home, you can sue the nursing home for abuse or neglect. Nursing homes are required by law to meet the basic needs of your loved one. When they fail to meet the standard of care required of them or a staff member intentionally causes harm to residents of the nursing home, you or your loved can take legal action against the nursing home.

It is important to consult with an attorney prior to taking legal action. Our experienced attorneys will review your case and investigate the allegations of abuse or neglect. They will gather evidence to support your claim and guide you through the legal process. Having an experienced attorney fighting in your corner improves your chances of success.

What you should know when filing a claim against a nursing home

Nursing home residents have rights and protections under state and federal law. These are designed to help ensure that they are provided with a good standard of care. It is important that nursing home residents and their families are informed about their rights. They will then be better able to make decisions and protect themselves.

Some of the rights and protections that nursing home patients enjoy include the right to:

  • Exercise their basic rights as citizens of the US.
  • Be free from neglect and abuse
  • Be free from discrimination
  • Proper medical care
  • Be free from restraints
  • Be treated with respect
  • Have visitors
  • Participate in activities
  • Manage their own money
  • Have their representative notified
  • Refuse involuntary discharge or transfer
  • Privacy
  • Voice their grievances

If a nursing home is found to have violated the rights of their residents under the Nursing Home Reform Act, the state can impose penalties on the nursing home. These include monetary fines. They may also include replacement of the management at the nursing home.

These facilities make a lot of money

Nursing home facilities often claim that they do not make a lot of money and this is why they are unable to meet the basic needs of their residents. For example, they may claim that they are understaffed because of their tight budget and this is why your loved one developed bedsores. However, this simply isn’t true. Nursing homes are amongst the highest earning institutions in the country. Residents and their families pay large sums of money to access their services. Do not let their claim of low funds deter you from pursuing just compensation for your loved one’s injuries.

They may be uninsured or underinsured

Nursing homes are required to carry insurance. However, many states’ requirements are not strict about the amount of insurance that the nursing home should carry or the level of cover. Some states have laws that specific the minimum liability insurance for nursing homes.

However, this does not guarantee that the nursing home will carry insurance. It is not uncommon for nursing homes to be negligent about their insurance cover. Many nursing homes operate with no or little insurance cover. You may therefore find it difficult to recover financial compensation for your loved one’s injuries. However, pursuing a lawsuit will ensure that the nursing home is punished and you hold those responsible for the injuries to account.

They will do anything to avoid liability

Nursing homes and their insurance companies will do anything to avoid liability. This means falsifying documents or resorting to petty and slimy tactics to get you to withdraw your claim. This is why hiring an experienced attorney as early as possible in the process is important. Experienced attorneys are familiar with the tricks that nursing homes and their insurance companies use to evade paying damages to victims of abuse or neglect.

They will handle all communication with the nursing home and insurance company. They will also represent you in negotiations and court if required. They will ensure you don’t fall victim to the lies and tricks of the insurance company or nursing home.

There are different types of nursing home abuse lawsuits

When filing a nursing home abuse lawsuit you will have various options available to you. Tort lawsuits are filed for a civil wrong e.g. in the case of physical abuse to an elder by nursing home staff. You can file a tort lawsuit against the individual staff member or facility. Breach of contract lawsuits can be filed if the nursing home violated the terms of its contract e.g. if they failed to provide services that were outlined in the contract or if they failed to meet the standards of care as outlined in the contract.

Wrongful death lawsuits can be filed when a resident of the nursing home dies as a result of abuse or neglect. Criminal lawsuits are filed by the government on behalf of the victim. These lawsuits are filed to seek the punishment of the person that abused the resident. They may result in a financial penalty or jail time.

If you want to sue a nursing home for neglect or abuse, get in touch with us and schedule an appointment for free case review by an experienced attorney.

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We Answer
Your Questions About The Law

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The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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Attorneys in Omaha, NE