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If an elderly loved one has come to harm in a nursing home and you believe the facility is to blame, you have every right to take legal action on their behalf. Perhaps they fell and experienced a personal injury due to unsafe conditions–or maybe the staff did not tend to their health care needs like they should have. Whatever the case may be, a lawsuit can serve justice.

A Guide to Nursing Home Lawsuits

1. File a Lawsuit

personal injuryFind a legal professional with experience in nursing home abuse to formally file the lawsuit detailing the facility’s alleged misconduct. Get a lawyer with trial experience. The nursing home will likely deny the charges and not want to settle, so your attorney should be prepared to go to court.

2. Support the Investigation

In order for the lawsuit to succeed, your lawyer must prove that the nursing home broke a legal obligation to uphold a certain standard of care. The investigation to build a case could involve everything from interviewing witnesses and gathering photographic documentation to examining medical reports detailing personal injury.

3. Prepare for Discovery

Discovery refers to a process in which both the prosecution and defense present evidence to a judge before the trial. The aim is for the two sides to exchange information and to generally streamline the legal process. Witnesses may be called upon at this point; if you are acting as a witness, your lawyer will prepare you.

4. Go to Trial

After discovery is complete, lawyers on either side of the case will prepare for court. Based on the facts presented during the trial, the jury will determine the degree and severity of neglect. Again, if you are serving as a witness you may be called upon to testify at this point.

5. Face the Outcome

If successful, your lawsuit can secure financial compensation for everything from emotional suffering to medical expenses incurred due to personal injury. Alternatively, the case may be dismissed. If your attorney is not confident in a win, they may advise you to settle before the trial concludes.

 

If you are considering a nursing home lawsuit, The Law Office of Gregory S. Young can help. With three offices in Cincinnati, this law firm has been serving clients in Ohio and Kentucky since 1958. You can find out more about their practice areas, from personal injury to medical malpractice, and wrongful death law online. For an appointment, call (513) 721-1077.

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