HOW LONG IS THE STATUTE OF LIMITATION?
Oct. 19, 2013
The statute of limitation is two years from the time of the incident.
How Long Do Nursing Homes Abuse Cases Typically Last?
They take a long time, because there is an administrative process that they have to go through and then after that they begin to go through the court process. These cases are typically not like slip or fall cases that can be settled outside of a lawsuit.
What Can Be Done To Expedite This Process?
The person would not want to expedite the process, which is to say that the best thing to do would be to work on the prevention side. They would need to prevent these things from happening by being active in their loved one's care by talking to the people, talking to the staff, talking to the loved one and when they are there, have the staff lift up their shirt, or have them pull down their pants, not with the intention to see their privates, but to look at their legs and their arms to see if there was breakdown of skin. They would need to look and see if the skin was tenting. It would be a sign of dehydration if the skin on the wrist did not quickly bounce back to its original condition when it was pulled up to check if it bounced back quickly or not. They would need to spend some time with their loved one, have some meals with them, talk to them, talk to their roommate and just generally be involved. It's easier and more common for bad things to happen to someone whose loved ones are not involved in their life and their care.
What Happens If The Loved One Is Still There?
This might be a problem. I recently told somebody whose loved one was still there, that I did not want any retaliation against the loved one because of the case. The person would have a couple of choices. There is a 2-year statute of limitations, so they could wait it out and see what happens, or they might be able to have them transferred to another facility. They would have to remember that if they wanted an attorney taking care of a nursing home case, that because of the labor involved and because of the expense involved, it would mean they would have a catastrophic problem, so, either the loved one passed away or they were taken to the hospital so the person would probably not take them back there, or they were abused in some form or fashion which would mean they would not want to have them there.
It is not a big problem, but it does occasionally happen that somebody falls, breaks their hip, goes to the hospital and gets a new hip put in, and is then put back in the same nursing home. It happens and it can become a problem or an issue that the family would have to think hard about, whether they really wanted to file a complaint or at least a civil complaint, so they could have the state come and take a look at things. They would need to decide if they really wanted to file a civil complaint when they know people working in the facility would catch an attitude, because no matter how professional someone was, they would still catch an attitude if they were being criticizing for the work they did.
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