Find Senior Care (City or Zip)
Join Now Log In
J
JUVY928 Asked April 2018

Two men died less then one year apart due to improper care from the same nursing home. Should I go to trial or settle?

I have not settled yet. Go to trial or settle?

GardenArtist Apr 2018
What's the relationship to you? And what role do you play in the suit? Are you the plaintiff's relative, and sued on that basis? Exactly who determined that improper care was a factor? What were these men's conditions and ages before entering the nursing home? What were the causes of death?

Has research been done to determine if this place was one with previous deaths due to other than natural causes, i.e., how many suits, if any, have been filed against this facility?

What does the plaintiff's attorney say? He/she would have the best advice on what kind of case there is and the strength of it.

Insurance adjustors typically make offers to settle out of court and limit exposure. The decision on whether to go to trial could be based on a number of issues: competence and experience of the medmal attorney, the strength of the case, reports from doctors who have evaluated the records and opined on the level of malpractice, if any, whether you're emotionally and physically prepared to go through a trial and gamble all for a judgment or no cause (i.e., no liability).

How would you feel if a trial resulted in a jury determination that malpractice didn't take place? That's a major issue to consider.

97yroldmom Apr 2018
I think that is something that you would need professional advice on. I also think it would be hard to go through the trial. Much depends on your own health. I’m sorry for the loss of your father.

ADVERTISEMENT


CarlaCB Apr 2018
I would take your lawyer's advice on this. With so few facts, nobody else can answer this for you.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter