How Nursing Home Lawsuits Work, A Realistic Timeline Overview

Discovering that your loved one has been abused or neglected at a nursing home can be a terribly painful experience. Questions of who is to blame and what can be done will immediately pop into your mind. A lawsuit is often the only way to punish a nursing home for abuse or neglect suffered by your elderly family member in their care.

Obtaining a Nursing Home Abuse Attorney 

First, hiring a lawyer as soon as you discover instances of abuse or neglect is important. You must submit the information for your potential claim, and the lawyers will meet with you to discuss your claim. An important consideration is the Statute of Limitations, which is a time limit that your claim must be filed within, and it varies from state to state.

Initial Filing

In many states, there are certain requirements that must be met in order to sue a nursing home. In Texas for example, under the Medical Liability Act, the physician or health care provider must be given 60 days notice of the claim and an authorization allowing the release of medical records related to the claim. Additionally, when suing a health care provider under this law, an expert report must be filed within 120 days of the original petition. A qualified health care professional hired by your attorney must create the expert report. These form requirements can drag out the initial filing procedures for several months before any investigation into your claim can even take place.

 Defendants Answer

Once the suit is filed, the defendant (nursing home) has time to answer and attempt to have the claim dismissed. Often this battle drags out for weeks and sometimes months; with the defendant either denying blame, pointing the finger at a third party, or claiming that your lawsuit lacks the evidence to proceed to trial. When the filing requirements are finally satisfied, the investigation into your claim begins. Under the Rules of Civil Procedure in your state, the attorneys will request medical records from all of the treatment facilities to determine who violated the Standards of Care and caused injury to your loved one.

Discovery, Settlement & Trial

Finishing discovery and creating a trial strategy can take months, and sometimes even years. Often, claims are settled without a trial to avoid the public backlash from your claim being litigated in court. But if your case does go to trial, it can take weeks, months, or even years to fully litigate and resolve your claim after final judgment and appeals.

The long road to obtaining justice for the damage a nursing home has done to your family is a complicated process. The best thing to do is quickly seek legal advice to better protect your loved ones and ensure the nursing home is accountable for the damage they do.