Michigan Nursing Home FAQs
Our Michigan nursing home abuse lawyers are aware you probably have many questions you would like answered regarding nursing home abuse and neglect situations. Here, we try our best to answer many of the common questions we are often asked by our clients. Of course, you probably have a question or concern that is unique to your situation which requires the attention of one of our expert attorneys.
We encourage you to call us any time at (800) 606-1717 and speak with a lawyer about your situation. We will take the time to fully answer all your questions, and it will cost you nothing. If you do have a case, we will begin work on it immediately, and you will not be responsible for any payment until you receive your settlement check!
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My mother died due to neglect at a Michigan nursing home. Can I file a lawsuit?
Yes. If your mother died due to the neglect at a Michigan nursing home you can file a lawsuit. These lawsuits are filed against the nursing home facility and nursing home doctors, nurses, or care takers whose negligence in their care of the resident caused a premature and untimely death. These lawsuits, known as a nursing home neglect lawsuit, will not only seek compensation for the tragic death of your mother, but also serve as notice to the nursing home that they need to improve their patient care or they will face other lawsuits in the future.
At Buckfire & Buckfire, P.C. are nursing home wrongful death lawyers have experience in these types of cases and will represent you and your family under our No Fee Promise. There are strict time limitations for filing a nursing home abuse lawsuit and Michigan wrongful death lawsuit. Call our office now at (800) 606-1717 for a free consultation so that your case is not barred forever due to time restrictions. Our lawyers will start working on your case immediately, reviewing your entire medical chart to gather evidence necessary to prove and win your case.
Can I sue a Michigan nursing home if my mother was injured by her physical therapist?
If your mother is a nursing home resident and is injured by her physical therapist at the facility, you can sue the Michigan nursing home for her injuries. When a nursing home resident is injured by a physical therapist, there is a legal remedy to compensate for those injuries. You can file a malpractice lawsuit against the Michigan nursing home and physical therapist on behalf of the patient who was injured as a result of negligent medical care.
Quite often a physical therapist helps a patient recover from their medical condition; however, there are occasions when the nursing home patient suffers injuries due to the physical therapists mistake. The injuries caused by a physical therapist can result in significant harm to the patient, including fractured bones and burn injuries. In these situations, you can sue the Michigan nursing home for the injuries.
Some common causes of malpractice lawsuits against a physical therapist include the failure to refer the patient or seek a consultation from a specialist, improper positioning, injury during manipulation, injury during massage, dropped patients or patient falls, equipment malfunctions causing injuries, and more.
Can I file a resident wandering lawsuit against a Michigan nursing home?
Yes, if a loved one wanders or elopes (leaving the nursing home undetected) while in the care of a nursing home and is killed or suffers injuries, a nursing home neglect lawsuit can be filed against that Michigan nursing home. Lawsuits for resident wandering can be filed against skilled nursing homes, assisted living facilities, memory care units, and Adult Foster Care Homes (AFC Homes).
A well-run, ethical nursing home or other facility will have a procedure in place to identify patients at risk of wandering – also called eloping – due to dementia symptoms. This procedure will include methods for assessing risks, individualized treatment plans to prevent wandering, and staff training to ensure all team members observe the best practices for safety. The physical facility will also be built with safe elopement prevention in mind, including security locks on key doors, secure elevators and monitoring equipment. A patient who elopes from a facility due to improper security or under qualified staff is a victim of negligence and failed supervision.
My mother fell out of her bed in a Michigan nursing home and suffered a fractured hip and fractured femur. Does she have nursing home neglect lawsuit?
Yes, especially if she has either a history of falling, balance problems, or does not have the mental capacity to understand the dangers of getting out of bed by herself and without assistance. For many patients, it is necessary to have the bedrails up at all times to prevent fall injuries.
What is the statute of limitations in Michigan for a nursing home abuse or nursing home neglect lawsuit?
In Michigan, a person injured due to nursing home abuse or nursing home neglect must generally file a lawsuit within two years of the date of the negligent act under the statute of limitations. If the negligent act is discovered after the two year period, you may have an additional six months to file your lawsuit under the "discovery rule."
If you fail to meet these deadlines, your case will be destroyed forever and you cannot sue for your injuries. It is essential that you contact an experienced Michigan nursing home injury lawyer as soon as possible so that you do not lose your rights to a fair settlement.
In cases involving minors or legally incapacitated persons, the limitations periods are often longer. When there is a wrongful death claim, the period is also often extended. To get specific information about your case, you should contact our Michigan nursing home abuse and neglect law firm at (800) 606-1717.
Can I sue a nursing home if my grandfather fell out of his bed suffered a fractured hip?
Yes. Nursing homes and hospitals must take appropriate measures and precautions to prevent nursing home residents and patients from suffering falls from their beds. This is especially true if the patient has a prior history of falling, is on medications that affect judgment, or cannot get out of bed himslef. Many times, a patient will call for a nurse or aide to assist him with going to the bathroom and when no one shows up to help, the patient tries to do it himself. This often results in a fall and serious injuries.
My mother fell out of her bed and broke her hip at her nursing home and I feel that this is nursing home neglect. Can I sue the nursing home for her?
You may be able to file a Michigan nursing home neglect lawsuit. It really depends on what your mother's specific needs were and whether precautions should have been taken to prevent her fall. Many times, it is necessary to have bed rails up to preven falls and take other measures to prevent fall injuries.
My father developed a Stage 4 bed sore in a nursing home and required surgery to repair the condition. Can I file a nursing home neglect case against the doctor and nursing home?
Most bed sores and pressure sores are preventable and should not occur in a nursing home setting. Nursing home patients must be properly assessed for the risk of skin breakdown based upon certain factors and proper preventive methods and treatment must be initiated by the nursing home staff. If a patient is not turned of pressure areas, not bathed or cleaned, or not provided with a special mattress, there very well can be a nursing home negligence case that can be filed for the patient.
My mother was neglected in a Michigan nursing home and got very bad bed sore . What can I do?
Many times, the bed sore is the result of negligent treatment from the staff, like failing to bathe the patient, failing to turn the patient, and failing to re-position the patient. Other times, they are unavoidable. It is necessary to have her chart reviewed to see if she proper treatment.
My mother fell in a nursing home in Detroit and broke her hip. It was diagnosed as a femoral neck fracture. The nursing staff was not supervising her when she fell. Can she file a Michigan nursing home neglect lawsuit to see money damages for her hip fracture ?
The facts regarding her fall and each case is different and really depends on her required level of supervision. If the nursing staff and doctors knew that she was a risk for falling and did not prescribe fall prevention procedures, they may be held liable for her injuries.