Nursing Home Lawsuit

There are federal requirements for a high level of care in nursing homes in this country. If you or a loved one have suffered abuse or wrongful death as a result of inadequate care or abuse in a nursing home, you can file a lawsuit with the help of an elder care attorney. Some of the grounds for which a suit can be filed include personal injury, wrongful death, assault, pain and suffering, mental anguish, neglect, breach of contract, or fraud, among others. Emotional abuse is one of the most difficult charges to prove, though many patients can be unwilling to talk about their abuse for fear of retribution. Nursing homes can also be made to pay punitive damages if the abuse or neglect was intentional.

Fast Facts

  • Each state has its own laws about how to file a nursing home lawsuit, as well as a statute of limitations within which you must file such cases.
  • The Federal Nursing Home Care Reform Act was passed in 1987, which set a standard of minimum care, including quality of life, that must be met in all nursing homes.

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