September 21, 2019

Instances of nursing home abuse in the United States affects 1 out of 10 people admitted to nursing homes, and in these cases, the resident, or their relatives, can sue the nursing home and the caregivers for medical malpractice if abuse or neglect is found. A nursing home neglect attorney at Cochran, Kroll & Associates, P.C. is the ideal person to contact when there is a suspicion of neglect, and they will be at your side throughout the litigation process.

Under the Nursing Home Reform Act of 1987, Congress passed legislation that provides guidelines for an acceptable level of reasonable care for nursing home residents, and with it a Patient Bill of Rights that further details the meaning of reasonable care. If a grandparent or other family member is harmed when these care measures are not met, then it is appropriate to file a lawsuit to receive compensation for the injuries.

Steps to Filing a Lawsuit: Phase I

The first thing to do if you have a complaint against a nursing home is to contact a qualified nursing home neglect attorney who can assist you in moving from complaint to the actual lawsuit. In Michigan, our Law Office of Cochran, Kroll & Associates, P.C. specializes in medical malpractice lawsuits involving nursing homes, and we can fight for justice and compensation for your grandparent who has been abused or neglected in a nursing home.

It is important during this first phase to make sure that your grandparent is safe and out of any danger from further harm, and you should also notify the nursing home, in writing, of the reasons you feel there is negligence on the part of the nursing home or staff.

The lawsuit process starts with an investigation of the events and reasons behind the complaint. Our attorneys will look at photographic evidence and medical records and will gather information from witnesses and medical experts who are familiar with the circumstances and underlying medical condition of your grandparent.

Phase II: Discovery

The second phase of the process is the “Discovery” phase where all the information you and your attorney have gathered goes before a judge to determine if there are more facts to bring to the surface about the case. During this phase there may be depositions taken under oath, and witnesses may be cross-examined to clarify the facts and events regarding the complaint.

The purpose of this phase is to streamline the legal process and avoid an expensive court trial if possible. In Michigan, there is a required waiting period before the case moves forward and during this time the participants are encouraged to settle out of court.

Phase III: Pre-Trial

During the Investigation and Discovery phases of the lawsuit, you and your attorney will have filed the appropriate paperwork with the state and the nursing home representatives to make sure that all the state timelines and statutes have been met.

In the pre-trial phase there will be further investigations as a follow-up to questions learned in the Discovery Phase, and there may even be an opportunity for mediation to bring the suit to a close.

Phase IV: Trial

If the case has not been settled out of court, then a court date will be set, and the case will be heard before a jury. There may still be room for mediation if the jury reached a verdict.

Final Thoughts

The litigation surrounding a medical malpractice lawsuit concerning negligence in a nursing home can be very complex since proving liability can be difficult. At the Law Offices of Cochran, Kroll & Associates, P.C. we have handled many of these cases, and we can anticipate the complexities and the approach needed to solve them. Contact us at Cochranlaw.com or call us at 1-866-MICH-LAW (1-866-642-4529) to obtain a free consultation and the assurance that your claim will be handled correctly.