Can I Sue For Nursing Home Abuse On Behalf Of My Elderly Loved One?

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Finding out your elderly loved one is being abused in the very place you trusted them to be safe can be absolutely devastating. When this happens, there may be many questions going through your head: Who is responsible? Can you file a lawsuit on behalf of the elderly? What types of damages are available? Below, we discuss what you need to know if your family is going through this situation.

Filing a Nursing Home Abuse Lawsuit On Behalf of An Elderly Family Member

If your elderly loved one is alive and coherent, they should be able to file a nursing home abuse lawsuit on their own with the assistance of a Mississippi nursing home abuse attorney.

However, there are some situations where an elderly loved one lacks the mental capacity to make their own legal decisions—for instance, if they are suffering from dementia or are in a coma.

A family member or a trusted person who has previously obtained power of attorney over the individual can sue the nursing home or its staff on behalf of the elder. A power of attorney is a legally binding document that gives one person the right to make decisions on behalf of the other.

Once the elder passes away, the right to sue transfers to a named personal representative for the deceased individual. If there is no named representative, the right to sue would be transferred to another person, such as their:

  • Spouse
  • Children
  • Grandchildren
  • Close relative or family member

Contact Our Nursing Home Abuse And Neglect Attorneys

As soon as you suspect that your elderly loved one is being abused or neglected at their nursing home facility, you need to take action immediately. Once they are out of any imminent danger, contact a skilled nursing home abuse attorney who can review your case for free and advise you and your legal rights moving forward.

At Chatham Gilder Howell Pittman PLLC, our team members are your neighbors who just happen to be attorneys. Whatever you are facing, we are here to listen to your story and advocate for your family.

Contact us to speak with our legal team for free today!

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.