New York, NY asked in Personal Injury for Virginia

Q: What are the steps to filing a lawsuit against a Nursing Home? I have contacted the Ombudsman already

too many details to disclose. Due to failure to report medical problems. Someone that I love is fighting for his life in the Hospital. The family does not want him to return to facility in question

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2 Lawyer Answers
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
Answered
  • Richmond, VA
  • Licensed in Virginia

A: That depends on what type of case it is. There is a good chance that one of the requirements will be to get a letter from a doctor in the same field saying that what the defendant did was a breach of the standard of care. Cases like this are difficult for attorneys to prosecute successfully, let alone pro se plaintiffs.

Robert D. Kreisman
PREMIUM

A: In Illinois, residents of a nursing home or long-term care facility are usually protected by the Illinois Nursing Home Care Act. If the wrongdoing that caused injury or death to a resident was alleged to be caused by personnel of the nursing facility or by a lack of care or omission in the nursing, a lawsuit under the Nursing Home Care Act can be brought in Illinois without the need of a certificate of merit that is required under the Illinois Medical Malpractice Act in the event a healthcare professional such as a doctor, nurse, resident, hospital or clinic in a medical or hospital setting were the cause of the person's injuries or death.

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