Nursing Home Abuse FAQ
Answers to Common Questions About Nursing Home Abuse Claims
1. What are common examples of nursing home negligence?
Answer: Common examples of nursing home negligence include injuries or death as a result of bedsores, falls, medication and treatment errors, infections, physical or sexual abuse, and neglect.
2. Why does there appear to be so much nursing home negligence and neglect?
Answer: There can be many reasons but often it is due to insufficient staffing levels by the corporate owners of nursing homes oftentimes to increase profits. Insufficient staffing levels force the existing nursing home staff to oversee more residents than they can properly handle thus increasing the likelihood of errors and neglect.
3. What is a nursing home negligence claim?
Answer: In a nursing home negligence claim monetary damages are sought from the nursing home and/or its insurance carrier for the injuries sustained by your family member. These damages can include financial compensation for mental anguish, pain and suffering and the cost of past and future medical treatment as a result of these injuries. In the event that the injury results in death, the legal heirs, as defined by state law, may also be allowed to recover additional financial compensation. Finally, punitive damages may be recovered under certain circumstances.
4. Should I wait to talk to an attorney?
Answer: Absolutely not. An attorney should be consulted immediately so that an investigation can be started and evidence preserved. With the passing of time, witnesses can become unavailable and records can disappear or be lost. Furthermore, time limitations and filing deadlines make it important to consult an attorney immediately.
5. I want to prevent this from happening to other families. Can my claim improve the quality of care for the parents of other families in the future?
Answer: Although a nursing home negligence case is a civil lawsuit on behalf of a single individual or family, a civil lawsuits can change corporate behavior in the long run and therefore result in better nursing home care for the community.
6. Are there time limitations or deadlines for a nursing home claim?
Answer: Yes. Because these time limitations vary from state to state, you should contact an attorney immediately to determine what deadlines might apply to your family’s claim. Furthermore, it is very important that an investigation and evaluation be commenced as soon as possible so that the all negligent parties are identified before any time limitation expires.
8. Are attorney fees on a contingency fee basis?
Answer: At our law firm attorney fees are charged on a contingency fee basis meaning that there is no fee unless there is a settlement or verdict. There are also case expenses in addition to the contingency attorney fee. The fees and expenses of The Alvarez Law Firm are similar to those charged by other law firms. Tim Alvarez will discuss your case and his firm’s fees and expenses with you at your convenience and free of charge.
9. What are Tim Alvarez’s experience and qualifications to represent families in nursing home negligence claims?
Answer: Mr. Alvarez has handle personal injury claims for over 20 years and has evaluated, investigated and/or litigated the most common types of nursing home negligence claims including injuries or death resulting from bedsores, falls, infections, medication or treatment errors and physical and/or sexual abuse. He is a member of the Nursing Home Litigation Group of the American Association for Justice, formally the American Trial Lawyers Association, and the Nursing Home Litigation Committee of the Kansas City Metropolitan Bar Association. He is a Past President of the Kansas Trial Lawyers Association and the Wyandotte County Bar Association (Kansas City, Kansas) and a current member of the National Conference of Bar Presidents.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This disclosure is required by rule of the Supreme Court of Missouri.
