When a loved one needs to go into a nursing home, you’re entrusting the care of one of the most valuable people in your life to others. While most nursing homes are good establishments, sometimes injuries can happen, even in the best of places.
If an injury occurs that seriously injures or disables your family member, RSH Legal wants to help. We’ve been helping families of victims get justice for over 30 years, and we want to fight for fairness for you and your family.
Who Can I Sue After a Des Moines Nursing Home Injury?
When a loved one is injured in a Des Moines nursing home, it’s critical to act. But who is responsible? Understanding who can be held liable is vital in seeking justice.
The Nursing Home Facility:
Often, the facility itself is to blame. Negligence due to poor maintenance, inadequate staffing, or failure to adhere to policies can lead to injuries. In such cases, the nursing home can be sued directly for damages.
Nursing Home Staff:
The individuals who interact with residents daily also bear responsibility. If a member of the staff has been abusive, negligent, or inadequately trained, they might be held accountable as an employee. Ensuring proper background checks and staff training is vital.
Nursing Home Administration:
Those in charge of managing the Des Moines facility cannot escape liability. Administrative failures such as improper supervision or hiring practices can be grounds for a lawsuit.
Third-Party Contractors:
Nursing homes often hire outside companies for food preparation or maintenance services. If negligence by a contractor leads to injury, that company might be liable.
Medical Professionals:
Doctors, nurses, and other medical professionals employed by the nursing home have a duty of care to residents. Misdiagnosis, prescription errors, or improper treatment can lead to injuries and medical professionals can be sued for malpractice.
Government Entities:
If the nursing home is government-operated, suing becomes more complex. However, holding government entities accountable through specific legal channels is possible.
In conclusion, various parties can be held accountable for nursing home injuries. Each case is unique, and identifying the correct party or parties to sue is critical. Consult an attorney who specializes in nursing home injuries for guidance and expert representation. Our law firm is here to help you navigate the legal complexities and fight for the justice your loved one deserves.
Who Can Bring a Des Moines Nursing Home Injury Lawsuit?
Nursing home injuries in Des Moines are alarmingly common and can have devastating consequences. When faced with such a situation, knowing who can take legal action is crucial. Here’s a guide to understanding who can bring a nursing home injury lawsuit.
The Injured Resident:
Primarily, if mentally and physically capable, the injured resident has the right to file a lawsuit. It is essential to recognize and support the autonomy and legal rights of older adults.
Legal Guardian or Conservator:
If the resident is incapacitated or unable to represent themselves, a legal guardian or conservator can file a lawsuit on their behalf. This person is appointed by the court and has the responsibility to act in the best interests of the resident.
Family Members:
In certain situations, immediate family members, like adult children, may have the standing to bring a lawsuit. This is common when the resident is incapacitated, or their rights have been violated, and they need advocacy.
The Estate’s Executor or Administrator:
If the nursing home resident has passed away, and there is reason to believe that neglect or abuse was a contributing factor, the executor or administrator of the estate can file a wrongful death lawsuit.
Power of Attorney:
An individual who has been granted Power of Attorney for the Des Moines nursing home resident may also have
the authority to file a lawsuit on their behalf. It’s important to note that the scope of authority can vary based on the type of Power of Attorney granted.
Importance of Timely Action:
It’s imperative to act quickly. There is a statute of limitations for nursing home injury cases, and waiting too long could mean losing the opportunity to seek justice.
In conclusion, several parties have the standing to file a nursing home injury lawsuit, depending on the circumstances.
When the well-being of a loved one is at stake, it’s essential to explore all legal avenues. If you suspect that a family member has been a victim of nursing home neglect or abuse, consult an experienced attorney.
Our law firm specializes in nursing home injury litigation and is here to help you navigate this challenging process. Contact us for more information and assistance.
Top 5 Mistakes of Inexperienced Des Moines Nursing Home Lawyers
Nursing home injury litigation in Des Moines is intricate, and having an adept lawyer is paramount. The sensitivity and complexity of these cases demand a high level of expertise.
Unfortunately, inexperienced lawyers can make mistakes that jeopardize the case. Here are the top five mistakes to watch out for:
Failing to Understand Specific Laws and Regulations:
Nursing home litigation hinges on a maze of state and federal laws. Inexperienced lawyers often lack a comprehensive understanding of these laws. This deficiency can result in overlooking critical elements, ultimately weakening the case.
Inadequate Evidence Gathering:
Compelling evidence is the linchpin of any nursing home injury case. Inexperienced attorneys may falter in collecting sufficient evidence or may not scrutinize the details rigorously. This lack of thoroughness can hinder the case, making it difficult to establish liability or the extent of injuries.
Poor Client Communication:
Effective communication is essential, especially in emotionally charged cases involving a loved one’s welfare. Inexperienced lawyers sometimes neglect to keep clients informed or fail to convey information clearly. This lapse can lead to frustration and anxiety for the clients and can even cause essential details to be missed.
Overlooking Expert Witnesses:
Expert witnesses can make or break a case by lending credibility and providing essential insights. Novice lawyers may underestimate the importance of expert witnesses or may not have the network to engage the right experts, leaving a case under-supported.
Ineffective Negotiation Skills:
Settlement negotiations require astute skills and an unwavering commitment to the client’s best interests. An inexperienced lawyer might cave to pressure or lack the negotiation acumen to secure a fair settlement.
In conclusion, to steer through the labyrinthine nature of nursing home injury litigation, it’s crucial to have an experienced lawyer. The welfare of your loved one and the pursuit of justice merit the best legal representation.
Don’t let inexperience derail your case. Our law firm specializes in nursing home injury cases, with a track record of dedication and success. Contact us to benefit from the expertise your case deserves.
Nursing Home Abuse and Neglect Claims in Des Moines, IA
What is considered nursing home abuse or neglect in Des Moines, IA?
Nursing home abuse and neglect occur when a resident is harmed due to intentional mistreatment or a failure to provide proper care. In Des Moines, this can include physical abuse, emotional abuse, sexual abuse, financial exploitation, and neglect, such as poor hygiene, malnutrition, dehydration, medication errors, or untreated medical conditions. Abuse may be caused by staff members, other residents, or facility policies that prioritize cost savings over resident safety. Any action or inaction that puts a nursing home resident at risk may qualify as abuse or neglect.
What are the warning signs of nursing home abuse or neglect?
Common warning signs include unexplained bruises, cuts, fractures, bedsores, sudden weight loss, poor personal hygiene, or frequent infections. Behavioral changes such as fear, withdrawal, anxiety, or depression can also signal abuse. Financial red flags may include missing belongings or unexplained account activity. If a loved one in a Des Moines nursing home shows any of these signs, it is important to act quickly to protect their safety and document potential abuse.
Can I file a lawsuit for nursing home abuse in Des Moines, IA?
Yes, you may be able to file a personal injury or wrongful death lawsuit if a nursing home resident was harmed due to abuse or neglect. Claims may seek compensation for medical expenses, pain and suffering, emotional distress, and in some cases, punitive damages. Lawsuits can also hold negligent facilities accountable and help prevent future harm to other residents. A Des Moines personal injury attorney can help investigate the facility, gather records, and determine the best legal options.
How long do I have to report or file a nursing home abuse claim in Iowa?
Iowa generally allows two years to file a personal injury lawsuit related to nursing home abuse or neglect. Reporting suspected abuse should be done as soon as possible to protect the resident and preserve evidence. Delays can make it harder to prove what happened and may limit legal options. Speaking with a Des Moines personal injury attorney early can help ensure deadlines are met and appropriate steps are taken.
RSH Legal Handles Nursing Home Injury Cases In Des Moines & Throughout Iowa
A call to us today to see if you have a viable case is completely free. In addition, if we do take your case, you still won’t pay anything unless we win. Call us today at 319-409-6575.
Tim Semelroth
Board-Certified Trial Attorney
Pressley Henningsen
AV-Rated Trial Attorney
A car came through the median and we were hit head on. Every bone in my body from my lower jaw down to the bottom of my feet was broken. My medical bills were in the hundreds of thousands of dollars. I can’t imagine going through something like this without someone like Tim or RSH Legal.
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