Our Michigan nursing home lawyers understand that placing your family member in a Michigan nursing home or assisted living facility was one of the most difficult decisions you ever made. You trusted the safety of your loved one to nursing facility and expected the best possible care and supervision. When an injury or unexpected death occurred, you felt angry and betrayed.
When abuse or neglect to a resident occurs, there are two types of actions that can be taken against the facility. The family can file a Complaint with the State of Michigan licensing board and also file a civil lawsuit against the nursing home for monetary compensation. Many times, the state investigation provides evidence to support the civil lawsuit.
What Are A Patient's Or Resident's Rights?
Michigan nursing home residents have a Patient Bill of Rights. These rights are:
1. The right not be denied appropriate care on the basis of race, religion, national origin, sex, age, handicap, marital status, sexual preference, or source of payment.
2.The right to obtain a copy of, or inspect his/her medical records.
3. The right to privacy, to the extent feasible, in treatment and caring for personal needs with consideration, respect, and full recognition of his/her dignity and individuality.
4. The right to adequate and appropriate care and to receive information about his/her medical condition, proposed treatment and prospects for recovery.
5. The right to receive and examine an explanation of his/her bill.
6. The right to have private communication with his/her physician, attorney or any other person, and to send and receive personal mail unopened, unless medically contraindicated.
7. The right to be free from MENTAL and PHYSICAL ABUSE, unsless necessitated by an emergency to protect the patient.
8. The right to retain and use personal clothing and possessions as space permits.
9. The right to be provided with meals which meet the recommended dietary allowances for the patient's age and sex and may be modified according to special dietary needs.
10. The right not to be discharged, harassed, retaliated or discriminated against a patient by the nursing home and employees because a patient has exercised rights protected by law.
How To Report Nursing Home Neglect & Abuse In Michigan?
You can report nursing home neglect and abuse of a resident of a nursing home by another resident or by a nursing home employee to the following agencies:
- Bureau of Health Services Abuse Hotline: 800-882-6006
- Michigan Protection and Advocacy Service, Inc.
- Developmental Disabilities: 800-288-5923
- Mental Illness: 800-288-5923
- Attorney General 24-hour Health Care Fraud Hotline: 800-24-ABUSE (800-242-2873)
How Do I File A Complaint About A Nursing Home?
In addition to filing a civil lawsuit, the State of Michigan has a process for residents and their families to file a Complaint against a licensed nursing home facility. To get started, you can complete the Health Facility Complaint Form and this will initiate the investigation. Quite often, the nursing home will be cited by the licensing board and may be required to pay fines and change current practices and procedures. These Complaint investigation reports also help prove neglect and abuse in civil lawsuits.
Can You Sue A Nursing Home For Negligence?
You can sue a nursing home for negligence if it results in serious injury to the resident. In situations in which there has been neglect or abuse to the resident that did not result in serious harm, you may not have a civil lawsuit to file, but you should still report the incident to the state of Michigan and file a complaint against the nursing home to start a formal investigation.
Best Reasons To File A Nursing Home Lawsuit
There are two main reasons for filing a nursing home lawsuit. The first reason is to get compensation for the injured resident and family members caused by the negligent care. Compensation can help with paying for past, present, and future medical care and allows the family members to make decisions regarding the future placement and care of the resident. In cases involving death, compensation is paid to the family members for the loss of the loved one.
The second reason to sue a nursing home is to prevent the same type of harm from happening to another resident in the future. When a nursing home or medical facility is forced to pay a settlement, there are often changes in both the facility procedures and staffing to prevent the same type of incident from occurring again. This is a main objective of the majority of our clients because they do not want to see another resident or family experience their own type of grief and pain.
Video: Common Examples & Types Of Michigan Nursing Home Lawsuits
When a resident is injured or dies due to neglect or abuse, the family can file a nursing home lawsuit against the facility. Our top-rated lawyers sue nursing homes to get settlements and just compensation for the victim and family. There are many types of nursing home neglect and abuse cases, including:
- Bed sores, pressure ulcers, and decubitus ulcers
- Falls from beds, wheelchairs, and during transfers
- Resident wandering and elopement from the facility
- Infections & sepsis
- Malnutrition & dehydration
- Fractured hips & broken bones
- Medication mistakes & drug overdoses
- Choking injuries & death
- Sexual abuse & rape
- Wrongful death
- All other types of injuries due to accidents, abuse, and neglect
A nursing home is legally responsible for negligence by a doctor and the nursing staff. Our nursing home injury lawyers will aggressively pursue claims for the resident and family members. If neglect or abuse caused a serious injury or death, we will file your Michigan nursing home wrongful death lawsuit. These cases often result in substantial settlements.
What Is Needed To Prove A Nursing Home Neglect Or Abuse Case?
Suing a Michigan nursing home for abuse or neglect requires more than simply showing that a resident suffered an injury or harm at the facility. To win a nursing home lawsuit in Michigan, you must prove that:
- That the care or treatment provided was below the acceptable standard of care for nursing home care. This means that the facility failed to provide the required treatment, care, and monitoring to the resident that would be expected in a licensed nursing care home.,
- That the negligence of the nursing home staff caused injury, harm, or death to the resident
- The resident (or estate) suffered quantifiable harm as a result of the medical malpractice, which would include pain and suffering, disability, loss of income, loss of enjoyment of life, medical expenses and other economic harm.
The nursing home will rarely, if ever, admit that it provided substandard care to the resident. We hire nursing home expert witnesses, including nurses and physicians, to review the records and provide opinions on why the facility was negligent in caring for the injured resident. This testimony is an essential part of winning a nursing home neglect lawsuit.
How To Start A Michigan Nursing Home Negligence Lawsuit
The first step is to contact our experienced nursing home negligence lawyers to discuss the facts of your case. We will listen carefully to your story and determine if you have a case with merit. If we believe that your case is meritorious, we will begin our investigation immediately.
To start a lawsuit against a nursing home or assisted living facility, it is first necessary to get the resident chart from the facility. Our attorneys will request and pay for the entire resident chart. We personally review every page of the records to determine if there is a viable case. We also have the records reviewed by our nurse and physician experts to determine if negligence by the home or the staff caused serious injury or death to the resident.
We will also get all of the hospital records for treatment that occurred after the incident or injury to analzye the type of harm caused by the neglect of the staff. If there was a State of Michigan investigation of the incident, we will obtain a copy that report. If an autopsy was performed, the medical examiner's report will be obtained.
If we determine that there is a valid case of neglect or abuse after all of the records are reviewed by our experts, we will prepare a lawsuit and file it at the county courthouse. The lawsuit will seek to hold the nursing home accountable for the injuries and harm to the resident and to obtain compensation for the resident and family members.
Filing A Wrongful Death Lawsuit Against A Nursing Home
In cases involving death, the type of compensation is determined by the Michigan Wrongful Death Statute. To win a wrongful death lawsuit, it is necessary to prove that there was negligence in the care provided to the resident and it was a contributing factor to the resident's death. For example, an untattended resident may fall and suffer a fractured hip that requires surgery. Despite a sucessful surgery, the resident's overall health may deteriorate as a complication of the fall and lead to an untimely death. With proper medical support, this would provided the basis to file a wrongful death claim against the nursing home.
Other types of negligence also give family members the right to sue a nursing home for negligence under wrongful death laws. These can include a resident wandering away from the facility in the winter and freezing to death outside, choking on food when the resident has a known swallowing problem, or from an infection caused by an untreated bedsore.
Determining The Amount Of A Nursing Home Neglect Settlement
There are several factors that go into determining the proper settlement amount for a nursing home neglect lawsuit. These factors include the degree of negligence, the seriousness of the injury, the amount of medical treatment required, and the medical expenses paid for injuries caused by the neglect. These factors are different in every case but all are considered in assessing the settlement value of a case. Quite often, a court appointed mediator will assist the parties in settling the case.
For cases involving wrongful death of the resident, settlements include compensation for pain and suffering from the time of injury until death, the loss of society and companionship to family members, the amount of medical expenses, and payment of funeral and burial expenses. The judge will determine the settlement shares for each individual family member if they cannot agree on the amount of the share for each person.
Examples Of Our Michigan Nursing Home Lawsuit Settlements
- $5,000,000 Jury verdict for a Southfield assisted living wrongful death.
- $3,650,000 Settlement for a Michigan assisted home wrongful death lawsuit.
- $ 600,000 Settlement in a wrongful death lawsuit for a fall in a Detroit area nursing home van.
- $ 565,000 Settlement for a Northern Michigan nursing home fall injury.
- $ 400,000 Settlement for a sexual assault on a resident suffering from dementia in Macomb County.
- $ 290,000 Settlement for a Battle Creek area assisted living fall resulting in death lawsuit.
- $ 275,000 Settlement for a Detroit nursing home neglect bedsore complication.
- $ 250,000 Settlement for an Ann Arbor resident with a fractured hip when dropped by a nurse.
- $ 200,000 Settlement for a Wayne Countyadult foster care (AFC Home) resident with burn injuries.
- $ 200,000 Settlement for a nursing home resident that fell out of bed in Macomb County.
- $ 175,000 Settlement for a Stage IV pressure ulcer in a Rochester skilled nursing facility
How Long Does It Take To Get A Nursing Home Settlement?
The actual lawsuit takes around 1 1/2 - 2 years to complete from the time the complaint is filed at the court until either the trial or settlement. However, the process often takes much longer because of the many legal requirements that must be met before the lawsuit can even be filed.
How Much Does It Cost To Hire A Nursing Home Lawsuit Attorney?
It does not cost anything to hire our nursing home negligence lawyers. We do not charge any fees to start your case and only get paid when you receive your settlement check. This is called a contingency fee agreement. Under this arrangement, we also pay all of the case expenses for you and get a percentage of the settlement at the very end of the case when your check is received.
Who Are The Best Michigan Nursing Home Neglect Lawyers?
Our legal team includes the most successful nursing home neglect and abuse attorneys in Michigan. Buckfire & Buckfire, P.C. and our lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
- Member of Million Dollar Advocates Forum
Free Michigan Nursing Home Lawyer Consultation
You need a qualified and experienced nursing home injury attorney review your case. Our legal team will get the records and review them to find out exactly what happened. We will find out the truth and discuss it with you. If there is a case, we will get started on your nursing home case immediately.
Our No-Fee Promise for Michigan Nursing Home Cases
You can afford to have the Buckfire & Buckfire, P.C. nursing home attorneys on your side. It literally costs nothing to get started to sue a nursing home and if your case is unsuccessful for any reason, you owe us nothing. We promise you in writing:
- No money to get started
- We pay all case costs and expenses
- No legal fees whatsoever unless you receive a settlement
- Phone calls are always free, forever.
Start Your Michigan Nursing Home Case
There are three ways to get started on your nursing home neglect case. You can:
- Submit the Free Case Review Box on this page. We will contact you shortly.
- Chat with our online specialist and an attorney at the law firm will contact you directly.
- Call (800) 606-1717 any time of day to tell us about your case.
Warning: There are strict time deadlines for filing Michigan nursing home lawsuits. Find out if you have a case and if you are entitled to a settlement.