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If My Grandmother Was Injured in Nursing Care, Can I Sue?

April 17, 2024
Grandmother Was Injured in Nursing Care

Many seniors who move to nursing homes, as well as their families, believe the facility is going to provide optimal care. Sadly, elderly people often suffer abuse or neglect from nursing home staff. Learning that this happened to your grandparent can be devastating.

If your grandmother sustained an injury in her nursing home, you should consult a nursing care home abuse attorney. An elder care lawyer will determine whether you can sue on a grandparent’s behalf, who has liability, and what compensation your family could expect.

Can You File a Lawsuit on Behalf of a Grandparent?

First, would you have the authority to file a lawsuit for your grandmother’s injury? An injured person usually starts a claim on their own behalf. However, many nursing home residents don’t have the cognitive ability to make legal decisions. In this case, the right to sue would usually belong to one of the following people:

  • Their injured senior’s legal guardian
  • A representative authorized to do so by a durable power of attorney
  • A representative authorized the the court in which the claim will be filed
  • Their estate executor, if the senior passed following their injury

If you are your grandparent’s representative or guardian, you could sue on their behalf. Otherwise, the person with this authority should act to protect your grandmother’s legal rights. If someone else, like your parent, represents your grandparent, a reliable nursing care home abuse attorney can help them file a negligence claim.

Suing a Nursing Home for Negligence or Abuse

A nursing care facility has a duty to provide its residents with proper care. If a nursing home fails to do so, it could be liable for any damages the elderly person suffered because of its negligence. 

Many seniors living in nursing homes experience direct abuse from the facility’s staff, like pushing, shoving, restraining, intimidation, or financial exploitation. Elderly people also often suffer neglect, like lack of suitable nutrition or hydration, improper medication, or oversight of personal hygiene.   When this abuse results in significant injury or death, you need experienced lawyers on your side.  

Neglect and abuse can be hard to recognize, especially if your grandmother has speech difficulties. Pay close attention to signs of malnutrition, lack of cleanliness, bruises, and other symptoms of abuse or neglect whenever you visit your grandparent.

Proving Negligence

When suing a nursing home for negligence, you must show that:

  • The nursing care facility failed to provide proper care to your loved one
  • The nursing home’s neglect or oversight likely led to your loved one’s injury or death

For example, if your grandmother is bedridden and developed bedsores in the nursing home, your attorney would seek to prove that the nursing home staff didn’t help her change position often enough. 

Nursing homes typically try to deny responsibility or hide evidence of neglect or abuse. You are likely to benefit from skilled legal representation to prove your case, so choose a lawyer with plenty of experience handling nursing home negligence claims in your state.  

Nursing home abuse lawsuits frequently settle out of court. At some point during the legal process, the other party will usually try to negotiate a compensation offer with your attorney. A nursing home negligence settlement would typically cover your loved one’s medical costs and their pain and suffering.

Fadduol, Cluff, Hardy & Conaway, P.C.: Protecting Elderly Rights in New Mexico and Texas

Do you believe your grandparent suffered an injury because of nursing home negligence or abuse? Talk to our legal team. At Fadduol, Cluff, Hardy & Conaway, P.C., we have 30 years of experience standing up for vulnerable seniors and their families. We can help you hold the nursing home accountable and guide you through all the steps of a negligence claim.

Call 800-433-2408 or contact us today online for a free, confidential consultation with a nursing care home abuse attorney.