Nursing Home Medical Malpractice Lawsuits – Elderly Rights Law Firm
We seek to place our elderly loved ones in nursing homes, assisted living facilities, and home care, that provide proper medical attention when required. In the same respect federal and state laws have been instituted to protect the elderly from cases of elder abuse, neglect, fraud and medical malpractice in nursing homes and elderly care facilities.
Common Medical Errors in Nursing Homes and Elderly Care Facilities:
- Medication Errors – over medication and under medication improper dosage prescribed by resident medical doctors
- Delayed or missed dialysis for patients with diabetes
- Delayed diagnosis of an ailment
- Communication errors including the failure to communicate with patients physicians and nurses
- Surgical errors
- Failure to properly asses a patient
Elder Abuse Not Regarded as Medical Malpractice:
There are many negligent and intentional actions of nursing home staff which may be construed as medical malpractice but in fact fall under nursing home cause of action.- Bed sore – caused by failure to turn patients on a regular basis
- Dehydration and malnutrition
- Falls from bed – slip and falls
- Unsanitary living conditions
Statute of Limitations for Filing a Medical Malpractice Lawsuit
Generally in the state of California senior citizens as well as every individual over the age of 18 has one year from the date of the medical malpractice incident to file a civil lawsuit in the court of law. Failure to file within the allotted time eliminates a victims right to seek compensation by legal means. In certain instances courts will allow for a tolling or (halting) of a statute of limitations. Examples include instances where the victim in physically or mentally incapacitated and where the injury to the victim does not learn of the act of medical error until sometime after the incident has taken place. What if the Cause of Action Is Not Medical Malpractice – General Personal Injury Statute of Limitations: The time period to file a personal injury nursing home lawsuit outside the scope of medical malpractice in the state of California is two years from the date of the incident. The same tolling rules as the ones stated above apply.How To Pursue Legal Action on Behalf of Relative Who Has Died in a Nursing Home Due to Medical Malpractice
California common law with respect to civil (non criminal) lawsuits allows for certain relatives of the deceased to file wrongful death lawsuits in the court of law. The right to file a lawsuit for elder abuse transfers to a named personal representative following the death of the elderly individual. If there are no personal representative, the right to sue is assigned to- First: An intestate where the interest is affected
- Second: The deceased elder’s successor in interest
- Third: A person named as an “interested person”
Over $1 BILLION Recovered
for Our Clients
Learn More
Featured Lawyers
Steven Ross, Esq.
Edward Morgan, Esq.
Amy Gomez
Bonnie Madani, Esq.
Nina Sargsyan, Esq.
Jeffrey Bloeser, Esq.
The Ultimate Guide to Nursing Home Neglect & Elder Abuse
– Elder Abuse Attorney Los Angeles
– Nursing Home Neglect
– Emotional Elder Abuse Attorney
– Bed Sore Attorney | Elderly Neglect
– Medication Error in Nursing Homes
– What is Elder Abuse?
– Nursing Home Slip and Fall Attorney
– Elder Financial Abuse Attorney
– Elder Abuse Neglect Laws Attorney
– Residential Care Elderly Abuse Attorney
– Who Can Sue For Elder Abuse?
– Elder Abuse Wrongful Death Lawsuit
– Elderly Medical Malpractice Attorney
– Bed Sore Wrongful Death Lawsuit
– Bed Sore Injury Attorney – Nursing Home Neglect
– Different Stages of Bedsores
– Hospital Bed Sore Lawsuit – Can a Hospital be Sued for Patient Neglect
– Nursing home sexual assault
– Infections in Nursing Homes
– Nursing Home Heat Stroke Lawsuit
DTLA Client Review
The Ultimate Guide to Slip & Fall Accidents
– Slip and Fall accidents
– Nerve Damage from Slip and Fall Accident
– Legal Questions Regarding a Slip and Fall Claim
– Supermarket Slip and Fall Injury Attorney
– Hospital Slip and Fall Accident
– Brain Injury Caused by Slip and Fall Accidents
– Top 10 Causes of Slip and Fall Accidents
– Wedding Slip and Fall Accidents
– Defective sidewalk accident
– Miscarriage Caused by Slip and Fall Accidents
– Bowling Alley Injuries
– Slip and Fall FAQ
– Average Slip and Fall Lawsuit Settlement
– Workplace Slip and Fall Accident Attorney
– Headaches After a Slip and Fall Accident
– Nursing Home Slip and Fall Attorney
– Common Places Where Slip and Fall Accidents Happen
– Slip, Trip and Fall Accident Claims
– Slip and Fall Accidents on Buses
– Statute of Limitations Slip and Fall Accident
– Back Injury from Slip and Fall Accidents
– Movie Theater Slip and Fall Injuries
– Casino Slip and Fall Accidents
DTLA Client Review
