Is Not Following Proper Protocol Sufficient Cause For A Nursing Home Negligence Case?
If failure to follow proper protocols or mandatory checks directly resulted in injury to the nursing home patient, then that would be sufficient cause for a nursing home negligence case.
What Damages Is The Victim Entitled To In A Nursing Home Abuse/Negligence Case?
Victims in nursing home abuse cases are entitled to all damages sustained, including mental and physical injuries, pain and suffering (past, present, and future), and wrongful death and survival actions. They’re also entitled to property damage. In the event that loss of income is an element of the damages (which it usually isn’t, since most people who are in nursing homes are no longer in the workforce), they would be entitled to damages for that loss of income.
Are There Caps On Personal Injury Settlements In Louisiana?
If a health care provider is a qualified health care provider under the Medical Malpractice Act, then the maximum recovery for personal injury damages is $500,000 in addition to medical bills.
How Do You Determine Whether A Nursing Home Abuse Case Should Be Settled Or Litigated?
Once a claim has been filed, there is a period of discovery wherein depositions are taken, facts are established, opinions are given, and documents are reviewed. Once all of that has taken place, a claimant and their attorney can evaluate their chances of success at trial. Since most trials are jury trials, the outcome is uncertain and not necessarily predictable. However, understanding the facts of the case can assist greatly in determining whether the case should be settled or litigated.
When Is Litigating A Nursing Home Abuse Case The Best Way To Go?
If the injuries are serious, the patient is no longer at the facility, and action needs to be taken in order to prevent another person from becoming a victim of nursing home abuse, then litigation may be the best option.
What Is The Downside To Litigating A Nursing Home Negligence Or Abuse Case?
There are several downsides to litigating a nursing home negligence or abuse case. These cases are expensive and time-consuming to litigate, in part because they are always reliant on the testimony of medical experts.
What Are The Potential Outcomes If My Nursing Home Abuse/Negligence Case Does Go To Trial?
There is a broad spectrum of results ranging from total victory to total loss. The jury is vested with the duty to determine whether or not malpractice occurred, whether or not the malpractice was the result of an injury, and if so, what is the value of that injury. Those variables must be decided by a jury.
What Should I Look For When Seeking The Services Of A Nursing Home Abuse Attorney?
When seeking the services of a nursing home abuse attorney, an individual should look for an attorney who has experience with these kinds of cases. These cases are different than product liability cases, automobile accident cases, and slip-and-fall cases because they deal with a very specific body of medical malpractice law that has been codified and contains a very specific set of rules.
For more information on Cause For Nursing Home Abuse Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.