Who can File a Lawsuit Against a Nursing Home?

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If a resident of a nursing home who's been injured is still alive, that person can bring their own case. Many times, because of their mental incapacities, that case needs to be brought by a family member or conservator.

If the resident dies, for example, then there may be also a wrongful death case. And those cases will be brought by a surviving spouse or surviving children.

There's also what we call the estate claim. That includes pain and suffering and medical expenses incurred prior to death. And so we would have the surviving spouse or child with the wrongful death case and then we'd have the legal representative of the residents estate bringing the claims for the pain and suffering medical expenses incurred prior to death.