THE LEGAL PROCESS – A SHORT SUMMARY OF THE LIFE OF A LAWSUIT
Presumably you have found your way to this page because you or a family member have questions or a problem with a nursing home or assisted living facility, or a provider who cares for the elderly. If so, we may be able to help.
Our firm has actively litigated long term care cases since the mid-1990s. To date, we have handled approximately 150 long term care or nursing home cases. Some of these have been suing a nursing home, others defending nursing facilities. About 10% of these cases go to court or are arbitrated.
Our cases have been very diverse regarding issues in nursing homes involving:
– medication errors
– pressure sores and decubitus ulcers
– dehydration and malnutrition
– wandering and elopement
– injuries from unsafe premises
– deaths from restraints
– drowning in the bathtub
– choking deaths from improper food
– physical abuse by staff
– resident to resident violence
– and even murder
Other issues that occur in nursing homes include:
– sexual and psychological abuse
– poor hygiene resulting in serious illness or injury
– improper wound care
We may be able to assist you with issues peculiar to the elderly, such as Medicare, Medicaid and health plan liens, and in some cases the advisability of calling in a specialist to set up a special needs trust to preserve eligibility for benefits. In cases where your family member is deceased, we may be able assist you in opening an estate and avoiding some of the common pitfalls in this process. If you need assistance probating an estate, we are happy to refer you to specialists in this area as well.
Here, in a nutshell, is the general process you may expect, broken down in steps (please click on a step to expand it):