When Can I Sue a Nursing Home or Care Facility?
Nursing homes and care facilities are under a legal obligation to provide shelter and care for elderly residents. Facilities that accept Medicare must also follow Federal Regulations which set forth the standard of care. One of these regulations stipulates that a care facility must:
- Remain as free of accident hazards as possible
- Provide adequate supervision and assistance to prevent accidents to residents
Failing to comply with these regulations leaves nursing homes opened to legal action.
Private care facilities must uphold a reasonable standard of care. If a private nursing home fails to uphold such a standard and a resident is injured or killed, the nursing home may be liable.
What Can I Sue a Nursing Home For?
There are any number of legal grounds for suing a nursing home or care facility if you or a loved one is injured or killed. The most common causes of action include:
- Abuse: physical, emotional, financial
- Neglect
- Assault
- Personal Injury
- Pain and suffering
- Mental Anguish
- Failure to provide adequate care
- Fraud
- Financial irregularities
- Breach of contract
- Failure to comply with nursing home regulations
W hen Can I Not Sue a Nursing Home?
A recent decision by the US Supreme court has upheld a previous ruling that nursing homes (and other private businesses) may include special sections in their contracts requiring residents to resolve any disputes arising over care through binding arbitration rather than in a court of law.
Binding arbitration clauses are seen in contracts of all kinds; for example, in investor account opening documents with broker-dealers. However, the practice of including such a clause is becoming increasingly prevalent in nursing home contracts as nursing homes try to contain exposure to personal injury lawsuits.
Binding arbitration clauses ensure that, rather than their case being made before a jury of their peers, claimants bringing legal action against a nursing home or care facility will be forced to make their case in front of an arbitration panel of specially trained and licensed individuals. Since this arrangement generally favors nursing homes, needless to say residents considering signing a contract containing a binding arbitration clause are advised to consider the proposition carefully.
Pennsylvania & New Jersey Nursing Home Law Firm
If you or anyone you know has been a victim of nursing home misconduct, abuse, or neglect, please contact our experienced elder abuse attorneys immediately toll-free at 1-855-462-3330 or by using our online contact form.
