Skip to main content

Can i sue the nursing home i was in after i was attacked while the nurses and aids looked on.

Pekin, IL |

i was in the mental health part of a nursing home. not once did i ever see a pyhcrtrist in 1 yr. and 4 months i was there. I've been out of there for just a bit over 1 yr. i had to have surgery for my knee. it was badly damaged. i asked for an mri. the doc told me that their hospital doesn't take state medical card for an mri. i knew that was a lie. i went in there to get my meds straightened out. i had been attacked by a fellow resident, over half my cartilage is gone, a bone fragment was found broke off in my knee, lots of water on my knee too. i still have to use a walker to walk 1/2 block and even to take the city bus. i don't have a car or family where i live at. i told them after they did not have me see any pcyhartirst for 1 yr and 4 months.. they told me i couldn't get out.

Attorney Answers 5


  1. Sorry. Yes, you may pursue a claim. Proving the claim will present a challenge. Consult with an attorney(s) who specializes in this complex field of practice asap. Good luck

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. The question is whether or not they had knowledge of the violent propensities of the fellow resident. If they knew, or had reason to know that the resident presented a threat to you, then they had to take reasonable steps to protect you. Furthermore, there inaction may be a basis for malpractice. Again, the question is whether or not their action/inaction fell below the standard of care. I would urge you to search avvo.com to find a lawyer in your area to review your case.

    David B. Snyder, Esq.
    6876 Buckley Road
    Syracuse, NY 13212
    315-451-3040
    https://snyderlf.com/SyracuseMedical_Malpractice.html
    Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.


  3. I agree with attorneys Adams and Snyder.

    Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.


  4. More info is needed. Retain one of the above lawyers to investigate.


  5. Yes, you can. You should consult with an attorney that handles nursing home cases as there are unique laws that apply to them. Your chances of success will depend on what the staff knew or should have known at the time of the attack. Nursing homes must take reasonable precautions to protect patients from other patients known to be dangerous.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.