Nursing home abuse can be a devastating thing for families to deal with. Understandably, many of those harmed by mistreatment at a California facility or their loved ones want to take legal action. But they may wonder, what does this type of case entail? While every legal case is different, here are a few of the steps one might expect when taking legal action against nursing home neglect:
- Gathering medical records: This is often among the first documents a legal team will seek when looking into a nursing home neglect case. Obtaining medical records may seem like a fairly simple and straight-forward process, but some facilities can make it difficult—either because they did not keep proper records, or because they are concerned about the fallout. After medical records are obtained, someone with medical expertise will typically review the chart to ensure it is complete.
- Inquiry into the incident/neglect: Following the procurement of the medical records, the legal team will consider the incident or pattern of neglect. This often involves comparing the care plan with the actual chart to find discrepancies and gaps in care. Once the specifics are clarified, a report is often issued detailing the findings.
- Settlement or lawsuit: After doing this background research, a legal team can reach out to the facility and/or their insurer to see if a settlement can be reached or if litigation will be needed to resolve the case.
Depending on the availability of documents, the research needed and the response from the facility, the time that such a case may take can vary substantially. Families should be conscious going into the process that this may be a lengthy venture. To understand the specific steps that might be necessary in one’s own case, families can speak with an experienced California lawyer.