Nursing home neglect cases are considered medical malpractice lawsuits. Medical malpractice lawsuits are among the most difficult a lawyer will ever handle. A nursing home negligence case requires the patient, the “plaintiff,” to prove that his or her nursing home, residential care facility, or caretaker, the “defendant,”, deviated so far from what is accepted as “standard” care and treatment that the law considers them to have been “negligent.”
The plaintiff is also required to prove that the nursing home’s negligence was a primary cause of the injury that the plaintiff has suffered. Your case must be proven by expert testimony. Simply making a mistake or getting a bad result is not enough – the nursing home neglect attorney must prove that there was negligence and that negligence led directly to your injury. Yes, it’s true. Nursing home and residential care facilities sometimes “get away with” negligence because the injury that they caused is not severe.
Nursing home patients and their family members must also remember that just because serious injury or wrongful death at a Michigan nursing home does not mean that “negligence” occurred. In the tragic event that there was a death involved, the nursing home injury attorney will file a wrongful death lawsuit on behalf of the family members. These cases can take a year or more in the courthouse to conclude so great patience from the client is needed. Most nursing home malpractice cases settle “out of court,” rather than going through to a jury trial.
If you or a family member suffer injuries or have lost a loved one due to nursing home neglect, call an experienced attorney immediately to discuss your case. Most injuries are never reported or discovered in nursing home neglect cases. Do not become a victim of abuse and make sure to report all signs of neglect to protect you, your loved one, and all other patients who are residents of that particular nursing home.
For additional information view our Michigan nursing home law page.