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The Legal Process When Something Goes Wrong at a Nursing Home

Figuring out how to file a complaint against a nursing home can be daunting. Families have to have the right information and understand their rights under the law.

Here are the most common steps that occur after someone reports a nursing home abuse issue.

The Information Gathering Stage

One of the first things that happen in a nursing home complaint situation is that the people who will become plaintiffs in the case complile as much documentation as possible. When someone contacts a nursing home abuse lawyer, the skilled legal team will assemble medical documentation and evidence, while preparing to file a claim. There’s often quite a bit of consultation during this phase to establish the facts of the situation. This builds a solid foundation for a nursing home abuse case. This stage of the process is crucial to be able to understand the situation and to build a strategy to address it.

Filing a Claim

The next step is that the court needs to know there’s a problem. The nursing home abuse lawyer will do the work to file the claim and prepare for subsequent phases of legal action.

The defendants will be served with papers showing them that they are the target of a legal challenge. During this stage, the lawyer for the plaintiffs continues to prepare and organize all of the relevant information. The attorney will determine the starting point for investigating the complaint.

Discovery and Depositions

As the case proceeds into the discovery phase, nursing home abuse lawyers will initiate the deposition of witnesses. They will conduct interviews to uncover more information about the case. They may need to subpoena defendants for documents or compel individuals to come to their offices for deposition. Deposition and the other kinds of discovery are important as they uncover new, relevant information. This is especially true when there is a conflict of facts between the two parties statements. The lawyers will craft questions that “get to the heart of the matter” and compel individuals to testify formally, on the record.

Getting a Case Resolved

When there’s a solid foundation for the nursing home abuse case, nursing home abuse attorneys will talk to their clients to decide how to proceed. Some cases end in financial settlements, while some may go to trial. Another alternative is for the case to go into arbitration or mediation.

If you have concerns about a nursing home in the Jacksonville, Florida area, talk to experienced nursing home abuse lawyer Steve Watrel. Our legal team helps families work their way through the complexities of a challenging case. Our goal is to provide you with justice under Florida law.

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