A nursing home’s liability for injuries to residents, from causes such as bedsores and falls, is a big area of concern for families and for a Personal Injury Lawyer in Oak Lawn. Industry experts say that higher liability means a lower standard of care, while senior advocates say that the liability is an important component in the accountability process. In this article, you will learn about state nursing home liability laws.
Liability in Nursing Homes
Residents, their spouses, friends and children can sue nursing homes based on negligence, malpractice, intentional injury and poor supervision. These grounds cover almost everything, from failure to treat bedsores to sexual abuse. The most common reason for personal injury suits in nursing home cases, however, is wrongful death.
State Laws on Liability
Many states have enacted laws establishing a minimum standard of care for nursing homes. These residents’ rights laws can help a Personal Injury Lawyer in Oak Lawn sue staff, administrators and nursing homes, and can be used with the abovementioned legal grounds. Some states have tried to pass laws limiting damages awarded in nursing home-related personal injury suits; policymakers in such states believe that litigation is damaging the industry.
It’s Easier now to Bring a Personal Injury Case
In years gone by, seniors were in less of a position to need a Personal Injury Lawyer in Oak Lawn. Most nursing home residents are past their earning years, and usually have no dependents -; making economic loss hard to document. However, residents’ children have recently started suing on their behalf, and for their own companionship losses and emotional distress.
Binding Arbitration is a Requirement
Some homes have instituted a binding arbitration clause in all new admission contracts. Residents must waive their right to sue the staff, the home or the administrators, instead using a process that submits claims to an arbitrator rather than a jury and a judge. Some homes go even further, using the arbitration clause to limit access to records proving the resident’s case. In some states, courts refuse to enforce these clauses.
A Lawyer can Help
It’s never an easy decision to send a loved one to a nursing home, and we expect a high level of care from these facilities. If your family member has been injured or has died due to poor nursing care, a Personal Injury Lawyer in Oak Lawn can help you make an adequate recovery.
