How to Determine if a Lawsuit Against a Nursing Home Will Succeed - Flexer Law

How To Determine if a Nursing Home Lawsuit Will Succeed

In the United States and of course in Tennessee, there are a number of lawsuits filed against nursing homes. In determining whether or not your nursing home lawsuit case could succeed, here are a few factors to consider:

  • How and why was my loved one injured? 
  • What was the extent of the injuries? 
  • Did my loved one die from their injuries? 
  • Did the nursing home follow their policy and procedures with respect to your loved one’s treatment?
  • Has the nursing home been sued before and are there lawsuits pending against them.

Nursing homes will not give in easily, so it is important to consider these factors when deciding to seek legal action. Additionally, it is essential to hire nursing home neglect lawyers that you can trust.

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Filing a Nursing Home Lawsuit

The process for filing a lawsuit against a nursing home varies case-by-case. There are two steps that play an integral role in whether your lawsuit will succeed, including your attorning finding the right expert for your case and the discovery process.

The Expert Report

The expert’s role is to evaluate each case to determine whether negligence occurred. This step can be tricky and takes time because of the level of expertise required. Once your attorney finds the right expert for your case, they will provide all qualifying information. The expert reviews the information and draws up a report of specific findings to the defendant. Typically, experts that are used are doctors. Since they are very busy, this may take longer depending on their schedule and the complexity of the case.

The Discovery Process

After the expert files their report, the discovery process begins. Each side submits questions, requests documents, and schedules depositions. This process can take 9-18 months, depending on the number of defendants, the complexity of the case, and how quickly both sides respond to requests.

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Nursing home neglect is unacceptable and should not be tolerated. If you have a loved one who is a victim of nursing home neglect and or abuse, contact Flexer Law today for a free consultation.

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