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.
Common 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. Suing a nursing home also prevents the same type of harm from occurring again to another resident. This is an important goal for many of our clients.
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.
Suing a Nursing for Wrongful Death in Michigan
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.
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.
- $ 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.
- $ 200,000 Settlement for a Michigan adult foster care (AFC Home) resident who suffered 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
Filing a Michigan Nursing Home Complaint
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.
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.
Best Michigan Nursing Home Abuse 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
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.