Baton Rouge, LA – Nursing homes have been known to make some serious mistakes that result in patients under their care getting very sick or sustaining physical injuries. Vulnerable individuals who are ill or elderly are in a high risk category to experience complications from various forms of mistreatment.
When this happens, there are some procedures a victim or their family can follow to determine if a civil case is necessary and start the process to gather evidence. In most situations, the case will be based on a deviation from a normal standard of care in a healthcare setting, or intentional harm caused by a staff member at the facility.
Louisiana’s civil procedure rules
The Louisiana Code of Civil Procedure outlines many of the most important details regarding how a case is initially filed and other steps to bring a lawsuit. The appropriate venue to hear the case is based on which local court can exercise jurisdiction. In most cases, this will be the civil court in the Parish where the incident happened or the facility operates. The lawyer for the plaintiff will file their initial complaint in this court, which details the most important facts about particular harm and the amount of damages requested by the victim. It is possible for there to be some complexity in determining venue and jurisdiction if individuals who were involved in the situation had recently moved, or a person involved lives in another state.
After a complaint is brought to the court, the defendant will be served with their own copy and have a chance to respond to the allegations. In some cases, the situation can be decided based on the complaint and response alone if it appears that there either is a valid cause of action, or no legal action has been stated. Either summary judgment or a dismissal may be granted in these situations.
In most situations, the process to gather and share evidence through the discovery process will start after the complaint and response. During this time, the parties can either agree to settle the case, or go to trial if it appears that certain facts will remain in dispute.
After the case is completed, the damage award for the plaintiff will be based on the amount of losses proven. This can include costs for additional medical treatment and remedies.
Getting advice from a legal professional who focuses on nursing home cases
Anyone who has experienced an illness or physical injury due to problems at a nursing home should review their situation with a lawyer and find out if a lawsuit is necessary. Miller, Hampton, and Hilgendorf are a respected firm in the Baton Rouge area that handles these kinds of issues.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806