Can we pursue legal action if my mother was at a nursing home but I had to transfer her due to the CNA finding an open condom wrapper in her bed?
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Can we pursue legal action if my mother was at a nursing home but I had to transfer her due to the CNA finding an open condom wrapper in her bed?
She been there for 13 years and this was the second time some foul play has happened. Can we sue the nursing home?
Asked on January 3, 2014 under Malpractice Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can sue the nursing home for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable nursing home would have exercised under the same or similar circumstances to prevent foreseeable harm). The nursing home is liable for the negligence of its employees occurring during the course and scope of employment.
Prior to filing a lawsuit against the nursing home, it may be possible to settle the case with the nursing home's insurance carrier. If the case is settled with the nursing home's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the nursing home's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the nursing home on your mother's behalf.
If the case is NOT settled with the nursing home's insurance carrier, the lawsuit for negligence against the nursing home must be filed prior to the expiration of the applicable statute of limitations or your mother will lose her rights forever in the matter.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Based upon what you have written about there appears to be a possible elder abuse case with respect to your mother. I suggest that you consult with an attorney in your locality that practices in this area of the law. One can be found on attorneypages.com.
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