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

Asked 12 months ago - 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. Russell Warren Lewis IV

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . I agree with attorneys Adams and Snyder.

    Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  3. David Brian Snyder

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . 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_Malpractic...
    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.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

  5. Joseph Andrew Brabender IV

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,651 answers this week

2,931 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,651 answers this week

2,931 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary