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Somewhere around 36 million Americans have a loved one in a nursing home or memory care facility. Across the nation, we rely on care facilities to provide for those who are important to us. When families make this decision, it can take a great degree of trust. If you find yourself considering suing a nursing home for negligence, chances are that trust has already been shattered.
Are you facing a case of nursing home negligence and trying to get an idea of what kind of compensation you can pursue? Want to know how to prove nursing home negligence, or just looking for next steps? Whatever trouble you’re facing, we’re here to help. To help you visualize the path ahead, let’s discuss the ins and outs of suing a nursing home for negligence.
Nursing home negligence is when a nursing home or care facility commits the civil tort known as negligence, as opposed to different types of torts like intentional harm or strict liability torts. By taking in residents, care facilities assume a duty of care. If that duty of care is not met, and it causes harm to your loved one, then you are likely dealing with a case of nursing home negligence.
While individual employees at care facilities can be negligent, it is worthwhile to note that many cases also involve negligence on the part of the administrator, be it through failing to run proper background checks on employees, understaffing the facility, lack of proper accountability, or other neglectful behaviors.
The amount of compensation you can expect when suing a nursing home for negligence varies based on several factors. We’ll unpack the most prominent ones below:
One of the key deciding factors in compensation is the severity of the incident. It’s logical to assume that in most cases, a more severe injury will warrant more compensation. But there are many different types of compensation that can factor into the final amount, and severity of the incident can impact each of them in its own way.
Medical expenses are one of the most straightforward types of damages to understand. When nursing home negligence leads to injury, it can lead to unforeseen medical expenses, potentially including immediate treatment as well as ongoing care.
The damage caused by nursing home negligence often goes beyond the financial costs. Victims may have to endure intense physical and emotional pain, which can warrant further compensation.
In more severe cases, the suffering caused by an incident of negligence can impact victims for many years to come, even for the rest of their life. This, too, can factor into a final settlement or verdict.
In some circumstances, compensation may be offered for the emotional damages or impact on the life of those close to the victim, especially in severe cases. A notable example is loss of consortium, which may be offered to compensate the victim’s significant other for loss of physical intimacy.
Elder care and memory care facilities require a lot of people to run. Even one person acting negligently can lead to disaster. However, in many cases of nursing home negligence, there may be more than one party at fault.
This means it’s important to thoroughly investigate the circumstances behind the incident with the help of a nursing home negligence attorney, as failing to properly account for the negligence of certain parties could impact your compensation. It also means that, as always, understanding your state’s comparative or contributory negligence law is critical.
To help us better grasp what it looks like to sue a nursing home for negligence, let’s look at a few example case studies from across the United States, and see what others have been able to recover.
In late 2020, after a fall that caused serious damage, 85-year-old Sandy Brooks was transferred to Landmark of Richton Park, an Illinois nursing home where he was supposed to receive dialysis three times a week.
Allegedly, throughout a 13-day stay, Brooks did not receive treatment even one time. He was found unresponsive on December 7, and despite efforts to save him, he passed a few days later.
According to one of Brooks’ family members, the facility never answered their calls, so they had little idea of his condition. All in all, this case was one of negligence and neglect, which may have led to Brook’s passing.
In response, Brooks’ family brought a wrongful death suit against Landmark of Richton Park, and were awarded $5.5 million in compensation, tied for the largest nursing home neglect verdict in Cook County, Illinois.
In 2021, after a knee replacement surgery, Mitchell Elliott entered care at The Center at Foresight, a nursing home in Colorado, for recovery. Allegedly, however, while at the facility, Elliott suffered from increasing confusion, resulting in a fall which caused multiple brain bleeds.
It was also alleged that the facility did not make changes to Elliott’s care plan despite changes in his condition, or implement additional safety measures despite awareness of his increased confusion.
The facility argued that Elliott was at fault—at least in part for failure to use the call light. However, the jury still found The Center at Foresight 70% at fault for the incident.
With $900,000 in economic damages and a little under $300,000 in noneconomic damages, Elliott’s case was presented with a roughly $1.2 million verdict. Notably, though, because Elliott was found 30% at fault, his ultimate compensation may have been reduced somewhat.
In late 2020, while a resident of Parklands Care Center in Gainesville, Florida, Claretha Davis developed a stage 4 pressure ulcer, more commonly known as a bed sore. When Davis passed in a few short months, this sore was named as one of the causes of death.
Davis’ family claimed that Parklands Care Center had not taken proper care of her, allowing the wound to become worse. Their nursing home negligence attorney argued that the facility was understaffed, leading to critical oversights.
The Davis family sought compensation for medical and funeral costs, as well as additional damages for loss of companionship and emotional suffering. Ultimately, the jury awarded them a $2.3 million verdict.
To prove nursing home negligence, you need to establish three facts:
If you or a loved one have suffered due to nursing home negligence, compensation may be available—but you don’t have to fight by yourself. At Senft Legal, our nursing home negligence attorneys are here to stand by your side. From connecting you with experts to representing you in negotiations, and even taking the case to court if needed, our aim is to provide you with everything you need to prove nursing home negligence and claim the compensation you rightfully deserve.
Your consultation is absolutely free, and we don’t get paid a cent until you win your case. Call to get started on the road to justice today.