Nursing Home Malpractice FAQs
What is nursing home malpractice?
Nursing home malpractice occurs when nursing home professionals or staff members provide substandard care that results in the injury or death of a resident. In other words, malpractice occurs when the care provided deviates from the accepted standard of practice for the nursing home industry. The most common area of malpractice in nursing homes is neglect, or the failure to meet basic needs such as hygiene, diet and nutrition, medication, and safety measures. Nursing homes are also found to be negligent for providing inadequate staffing, poorly trained or inexperienced staff, and insufficient supervision.
What is the statute of limitations in a nursing home malpractice case?
The statute of limitations is the time period established by the state limiting the duration of your ability to sue. In Connecticut you have two years to sue a doctor or health care provider for negligence (Conn. Gen. Stat. §52-584). In Rhode Island the statute of limitations is three years (RI Gen. Laws §9-1-14.1). The time is measured from the date you knew or should have known that a mistake was made. Other time limits can apply if the health care provider was a governmental employee or if the institution involved was a state institution.
How does a person sue for malpractice if the malpractice caused the death of a nursing home resident?
Someone close to the decedent has to apply to be appointed the legal representative of the decedent in a probate court. My office assists with this process.
What can I do to help with a nursing home malpractice claim?
It is always helpful to document as much information as possible both before and after filing a malpractice lawsuit. This will prove valuable to your lawyer and will assist you in remembering the details of what occurred. Some of the things to document include:
Nursing home malpractice occurs when nursing home professionals or staff members provide substandard care that results in the injury or death of a resident. In other words, malpractice occurs when the care provided deviates from the accepted standard of practice for the nursing home industry. The most common area of malpractice in nursing homes is neglect, or the failure to meet basic needs such as hygiene, diet and nutrition, medication, and safety measures. Nursing homes are also found to be negligent for providing inadequate staffing, poorly trained or inexperienced staff, and insufficient supervision.
What is the statute of limitations in a nursing home malpractice case?
The statute of limitations is the time period established by the state limiting the duration of your ability to sue. In Connecticut you have two years to sue a doctor or health care provider for negligence (Conn. Gen. Stat. §52-584). In Rhode Island the statute of limitations is three years (RI Gen. Laws §9-1-14.1). The time is measured from the date you knew or should have known that a mistake was made. Other time limits can apply if the health care provider was a governmental employee or if the institution involved was a state institution.
How does a person sue for malpractice if the malpractice caused the death of a nursing home resident?
Someone close to the decedent has to apply to be appointed the legal representative of the decedent in a probate court. My office assists with this process.
What can I do to help with a nursing home malpractice claim?
It is always helpful to document as much information as possible both before and after filing a malpractice lawsuit. This will prove valuable to your lawyer and will assist you in remembering the details of what occurred. Some of the things to document include:
- The time and date the negligence or injury occurred
- A list of injuries resulting from the malpractice
- The names of nursing home staff witness to or involved in the incident
- The medical condition of the resident prior to the malpractice
- Anything that was said by any healthcare provider concerning the incident
To schedule a Free Consultation contact me by phone, email or complete the online form.
CT: 860-886-2800
RI: 401-596-0808
bradley@michaelbradleyatty.com
I am available for evening, weekend and in home appointments
CT: 860-886-2800
RI: 401-596-0808
bradley@michaelbradleyatty.com
I am available for evening, weekend and in home appointments
