What are my legal options to hold a rehab/nursing facility accountable for neglect? Would a lawsuit do any good?

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What are my legal options to hold a rehab/nursing facility accountable for neglect? Would a lawsuit do any good?

My dad developed bed sores while recovering from a stroke at rehab/nursing facility. He developed bed sores that went untreated for several days. He was finally taken to a doctor who noted on his chart that it was neglect. My father is currently in the rehab/nursing facility mentioned above. We are working to get him out of there and home as quickly as possible. We are getting his home set up for home care. Would a lawyer pursue the case?

Asked on May 18, 2012 under Personal Injury, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue the rehab/nursing facility for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable  rehab/nursing facility would have exercised under the same or similar circumstances to prevent foreseeable harm).

The doctor's report stating that the bedsores were due to neglect will provide important evidence of negligence by the rehab/nursing facility.

Prior to filing a lawsuit for negligence against the rehab/ nursing facility, it may be possible to settle the case with the rehab/nursing facility's insurance carrier.  Your father's personal injury claim filed with the facility's insurance carrier should include the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury from the bedsores and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the facility's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the facility's insurance carrier, reject the settlement offers and file your father's lawsuit for negligence against the facility.  If the case is NOT settled with the facility's insurance carrier, your father's lawsuit for negligence against the facility must be filed prior to the expiration of the applicable statute of limitations or your father will lose his rights forever in the matter. 

 


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