How Long Might a Nursing Home Abuse Case Take?

Posted on behalf of Jeff Pitman on April 27, 2021 in Nursing Home Abuse
Updated on April 24, 2024

old person holding onto chair

Nursing home abuse cases are complex and difficult to prove. The entire legal process can take 18-24 months or longer. There are many steps that must happen to get to a point where litigation can begin.

PKSD explains more about the legal process for a nursing home abuse case. Although it takes time, we are prepared to fight hard for maximum recovery on behalf of our clients. Our Wisconsin nursing home abuse lawyers are deeply committed to holding caregivers, nursing homes and others accountable for acts of abuse against residents in their care.

What Happens in the Nursing Home Abuse Legal Process?

If we represent you after determining you have a case, we will explain in full detail what you should expect before you sign any agreement.

It is worth mentioning that we will not accept a case that we feel has no chance of winning. That would cost our client and our law firm needless time and money.

Once we accept a case, there are several steps in the nursing home abuse legal process, which typically proceeds as follows:

Claim investigation

During this phase, multiple records are gathered and examined by a leading consulting medical expert. These records could include:

  • Billing statements
  • Patient medical records
  • Facility records
  • Other relevant client records

Once this information is gathered, the consultant will examine these records to determine if liability exists. If no liability is found, the case will not go forward, and the client will be notified.

Notice of Claim (NOC)

If the consultant finds liability, and the attorney takes the case, he or she must serve defendants a NOC 60 days prior to filing a lawsuit.

The Lawsuit is Filed

There are a couple of different ways a lawsuit may proceed. The first process involves arbitration. If this is required because of how the resident’s nursing home contract reads, the attorney will let you know. If the case can pursue a more traditional route, the lawsuit will get filed with the court.

Defendants Respond

Each defendant who received a NOC must file a response with the court. The general time frame for this process is about one month after notice has been served.

Discovery Process

This part of the process requires taking an in-depth look at facility records, not just those pertaining to the plaintiff, but going back through five to ten years of the facility’s history. A lot of information and evidence may be exchanged between both sides during the discovery process. Either or both parties may also request and take depositions from the other side.

Why File a Nursing Home Abuse Claim?

Your loved one deserves to be treated with dignity, feel safe and receive quality care that meets acceptable standards. A nursing home resident should not be subjected to abuse or gross neglect at the hands of those responsible for his or her care.

Those who suffer injuries due to gross neglect, abuse or willful misconduct may be eligible to seek compensation for:

  • The cost of transferring to another facility
  • All associated medical costs
  • Physical therapy and rehabilitation
  • Mental and emotional counseling
  • Pain and suffering
  • And more

What Outcome Can I Expect from a Nursing Home Abuse Case?

As you can see, there is no shortcut for a nursing home legal case involving abuse or neglect. Very often these types of cases may settle through a series of negotiations between the parties. However, negotiations often take weeks to months to complete, and in some cases, may not settle at all.

If an agreement cannot be reached, your case may go to trial. We make every possible effort to avoid this route due to the expense and uncertain outcome. However, we are prepared to advocate on your behalf if it becomes necessary.

Medicare or Medicaid May Receive a Cut of Your Compensation

If your loved one’s medical bills were paid for by Medicare or Medicaid, then it is important to understand that you will have to pay these bills back out of any compensation you may receive. This process is called subrogation. For expenses paid by Medicare, your attorney can work to negotiate what you owe down to a smaller percentage.

Call Our Law Firm for Legal Help with a Nursing Home Abuse Case

At PKSD, we have been advocating for the elderly throughout Wisconsin, Illinois, New Mexico and Iowa. We have recovered millions in compensation for our clients, including an $11 million verdict for the wrongful death of a New Mexico nursing home patient.

Our team of legal professionals is ready to handle your case and keep you fully informed throughout the process. If your loved one in a nursing home suffered due to another’s gross negligence, abuse or willful misconduct, we encourage you to contact our firm.

There is no cost to speak with one of our qualified attorneys to find out if you have a case. If we represent you, there are also no upfront costs to get started on your case or throughout the legal process. We do not get paid unless you do.

Experienced lawyers fighting for you. 414-333-3333

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