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How to File Nursing Home Neglect & Medical Malpractice Cases



If you've been injured while under the care of a doctor or nursing home facility, you may be able to recover money through a medical malpractice or nursing home abuse claim. Both medical malpractice and nursing home neglect cases are tried under your state's personal injury laws.

Filing a Medical Malpractice or Nursing Home Neglect Lawsuit

Medical malpractice lawsuits involve a complicated area of law and often require very technical medical knowledge. Malpractice and abuse victims should hire an attorney for nursing home abuse who has experience preparing and trying these types of cases.

Before filing a medical malpractice or nursing home neglect lawsuit, your attorney will need to determine several key things:

  • Who: What people and companies should be named as defendants in your lawsuit? Often several people may be to blame, including the person or people who caused your injury, as well as their supervisors. In some instances, the assisted living facility, medical practice or hospital may even be named in a lawsuit.
  • Where: Where your injury or abuse occurred will help determine where a lawsuit is filed. The personal injury lawsuit will typically be filed in civil court in the county in which the injury occurred.
  • What: Before filing a lawsuit, your attorney will spend a lot of time talking to you and reviewing evidence (such as medical records) related to your injuries. This information will help the lawyer describe the scope of your claims when the lawsuit is filed.
  • When: Every state limits the amount of time you have to file a lawsuit. This time limit is known as the statute of limitations, and the clock typically starts ticking at the moment you're injured or the moment you become aware of your injuries. The statute of limitations on personal injury and medical malpractice claims is often one to four years, depending on the state in which your injuries occurred. If your lawsuit is filed after the statute of limitations has run out, you'll be unable to collect money for your injuries.

Visit LawyerLocator for more information on medical malpractice or to hire a personal injury attorney.

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