Medical Malpractice in Nursing Homes
Injury Lawyers Serving Elderly Residents of Memphis and Surrounding Areas
When you first put a loved one in a nursing home, the facility agrees to take on your loved one’s medical needs. Nursing homes are obliged to give adequate medical attention to residents, and they must staff their facilities with nurses, doctors, and adequately trained staff. Unfortunately, many nursing homes do not abide by this duty or do not take it seriously enough. Understaffing is a huge problem in nursing homes. Residents in Tennessee and nearby states may suffer significant injuries or even death as a result of medical malpractice. At Nahon, Saharovich & Trotz, our Memphis nursing home malpractice attorneys are familiar with the standards of care owed by nursing homes and can help you bring a lawsuit for damages if appropriate. NST is the way to go.
Holding Nursing Homes Accountable for Medical Malpractice
Medical malpractice in nursing homes may take many different forms, including ignoring a resident’s symptoms or requests for a doctor, making prescription drug errors, failing to check for harmful drug interactions, providing antipsychotics as a chemical restraint, abusing a medical restraint, and inadequately training staff. Catastrophic injuries or death may be outcomes of cost cutting, understaffing, or improperly administered medical care.
You may recover damages for medical malpractice in a nursing home if you are able to establish liability. When a healthcare provider’s negligence is the cause of your injuries, you will need expert testimony regarding the duty of care, a breach of that duty, causation, and damages. Each state has its own rules, and some have pre-litigation requirements, such as the submission of an expert affidavit with the initial complaint. In Tennessee, if your case counts as a “health care liability action,” which most nursing home cases do, you will need to follow specific requirements. Our nursing home malpractice lawyers can help Memphis residents make sure that these requirements are met in their case.
In Tennessee, if you want to file a lawsuit against a health care provider, you will need to provide pre-suit notice. Among other things, your attorney or you must file a certificate of good faith with the complaint, certifying that the attorney or you consulted with at least one medical expert who considered the facts and concluded that there was a good-faith basis to pursue your claim. If this notice requirement is not met, your complaint may be dismissed with prejudice. This means that the lawsuit is over without considering the substance of it, and you may not bring it again.
Generally, an expert will review your medical records and other documents to determine whether the health care provider’s actions fell below the professional standard of care and whether this failure to meet the standard of care was the actual and legal cause of the injuries or death. Only specific family members may bring a wrongful death lawsuit. There is an order in which they have priority to bring such a lawsuit, and it varies according to state laws.
Accordingly, if you suspect that a loved one has been subject to medical malpractice in a nursing home, you should consult an attorney right away so that they have the time to consult with an expert and provide the necessary certification and other requirements. Among other things, the expert must be willing to state that your loved one’s caregiver did not meet the professional standard of care and that this was the cause of their injuries or death.
Retain an Experienced Nursing Home Malpractice Attorney in Memphis
If you or a loved one is harmed by medical malpractice in a nursing home in Tennessee or another state, you may be able to hold the nursing home accountable. In some cases, this is the only way that a family can afford medical bills, funeral and burial expenses, and other losses incurred. Our firm, which employs over 30 attorneys and 100 staff members, may be able to help you recover damages arising from the nursing home staff’s actions or omissions. Our Memphis nursing home malpractice lawyers serve nursing home residents and their families in Tennessee, Kentucky, Missouri, Arkansas, and Mississippi, including in Memphis, Chattanooga, Knoxville, Nashville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call Nahon, Saharovich & Trotz at 800-529-4004 or complete our online form for a free consultation with a personal injury lawyer or wrongful death attorney.