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Nursing Home Medical Malpractice Lawsuits – Elderly Rights Law Firm


Nursing Home Medical Malpractice Lawsuits – Elderly Rights Law FirmWe 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”
Legal Assistance: If you relative or a loved one has suffered medical malpractice or elderly abuse and neglect in an elderly care facility or a nursing home feel free to contact our law firm. All consultations with our attorneys are completely confidential and free of charge. More Information: California Elder Abuse Legal Guide Medical Malpractice Lawsuit Information

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Interesting & Helpful Legal Infographics

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
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