Nursing Home Negligence
Michigan Nursing Home Negligence & Abuse Claims
When families place a loved one in a Michigan nursing home, they expect professional care and safety. Tragically, many nursing homes cut corners on staffing, training, and oversight, resulting in neglect, abuse, and death. Michigan law holds nursing homes and their staff accountable for negligence, abuse, and violations of residents' rights.
At Koussan Law, we have recovered millions for nursing home residents and their families. We investigate abuse allegations, work with medical experts, and hold facilities accountable.
Frequently Asked Questions
Q: What constitutes nursing home negligence in Michigan?
Nursing home negligence includes failure to provide adequate care, medication errors, malnutrition, inadequate supervision, falls, pressure ulcers, and failure to respond to medical emergencies. Under MCL § 333.20201 et seq., facilities must maintain adequate staffing and provide competent care. Violations create liability.
Q: What is the statute of limitations for nursing home abuse claims in Michigan?
Under MCL § 600.5805, the statute of limitations is generally three years from the date of injury or discovery of abuse. However, MCL § 600.5851 allows extended deadlines for dependent adults. Immediate action is critical to preserve evidence and witness statements.
Q: Can I pursue a wrongful death claim if a resident dies due to nursing home negligence?
Yes. MCL § 600.2922 allows family members to pursue wrongful death claims against facilities whose negligence or abuse causes death. Damages include funeral expenses, loss of financial support, loss of companionship, and pain and suffering of the decedent before death.
Q: What types of damages can I recover in a nursing home negligence case?
Michigan law allows recovery for past and future medical expenses, pain and suffering, emotional distress, diminished quality of life, punitive damages for reckless conduct, and in wrongful death cases, funeral expenses and loss of financial support. Nursing home liability insurance typically carries substantial limits.
Q: Do I need to report the abuse to authorities before filing a lawsuit?
Nursing home abuse should be reported to Michigan Adult Protective Services or law enforcement, but reporting is not a prerequisite to filing a civil lawsuit under MCL § 400.14965. We can coordinate investigations with authorities while protecting your legal rights and maximizing your compensation.
