Has anyone tried to sue a nursing home?


Witnessing so much neglect where my parent lives, falls, lack of staff, wet diapers, dirty rooms, assault (from residents). Have spoken to every administrator there, complained, even filed a formal complaint with state dept. of health, whereupon after their investigation found no violations. N. homes can hide their flaws (or lie) fairly easily it seems. I've just started documenting by photo, have been keeping a journal steadily ... now I'm looking for a new facility, but I would hate for this neglect to continue.

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The way I look at it, if a relative was taking care of an elder in their own home, would you sue that relative if the elder had fallen or was sitting in a diaper that needed changing? Definitely a lack of staff when one is the only caregiver.

Not saying there aren't legit complaints.
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I would find a law firm that regularly handles that kind of case. They should be able to properly evaluate your case. Often personal injury cases are done on a contingent basis. So, you pay if they win and get a settlement or award.

One thing I would inquire about, is if there is a settlement or award does it temporarily disqualify the recipient for Medicaid? For example, are your parents receiving Medicaid? If so, the influx of a large amount of money may mess up their qualification for Medicaid. Is it counted as income? An asset? I'm not saying that it would, but I would confirm that upfront. If they are not receiving public assistance, then that would not be applicable.
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Whether its a nursing home or a plumber, if you can find & pay a retainer for the attorney then you can sue. That part is easy. But suing successfully, lots harder.
And just what are you suing for & what would be the value?

You may want to as a first step is to review the admissions contract (you did get a copy of this and of every page signed off on during admission, right? ) to see if ARBITRATION is required to be the path done for any disagreements. Arbitration quite a different creature & good luck with finding legal who will take this.
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If you loved one suffered injury or illness or death that can be proven to be caused by neglect of the facility there may be a case. There has to be some damages. Loss of mobility and death for elders is not valued the same as a young person who is disabled or dies due to negligence. You can find hoards of lawyers that sue nursing homes but most are not going to start a case unless they see a payday down the road.
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