Nursing Home Class Action Lawsuit for Elder Abuse and Neglect
- Failure to provide medical care
- Policy of neglect maltreatment and false imprisonment
- Financial fraud and financial abuse conducted by staff members of the nursing home
- Policy of physical and or emotional abuse
- Failure to provide sanitary living environment
Class Action Lawsuits Against Nursing Homes
Class action lawsuits take place when there are a large number of victims with a near similar claims against a defendant. Class action lawsuit must first be certified by the court. Certification of class action lawsuits require showing several elements. 1. Presence of a large number victims. 2. Victims who are party to the class action have a similar issue of fact or law. 3. The class representative is able to adequately represent the issues of the other class members. 4. The class representatives legal issue are nearly identical to those of the other class members. Wrongful Death: In certain jurisdictions family members of the deceased have the right to file a wrongful death cause of action against all at fault parties. What is Elder Abuse and Elder Neglect – Legal Definition: Abuse of the Elderly is defines as any person who willfully causes or permits harm to any elder an dependent adult. specific acts of abuse involving the elderly include,- physical abuse
- financial abuse
- abandonment isolation abduction
- other forms of maltreatment resulting in injuries
- Failure to provide proper nutrition.
- Failure to provide proper medical care
- Unsanitary living conditions and improper clothing resulting in serious viral and bacterial infections.
- Health and safety code violation resulting in slip and fall accidents, falls from beds.
- All medical and health related expenses
- Future medical and rehabilitation care
- Pain and Suffering
- Emotional Damage
- Punitive Damages – available where the nursing home staff and facility have displayed a reckless or wanton disregard for the life and health of residents
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