Michigan’s Statute of Limitations for Nursing Home Negligence
According to the Kaiser Family Foundation, a leading health policy, research, and information nonprofit, more than 36,000 Michigan residents are currently living in nursing homes. While most provide exceptional care, cases of neglect and abuse persist. The Nursing Home Negligence Statute of Limitations in Michigan is three years from the date of the incident.
As in any negligence case, a plaintiff must prove a duty was owed, breach of that duty, causation, and damages. Negligence is often defined as a failure to behave or perform duties at a level that a reasonable person would. Negligence may manifest as something simple, such as failing to provide care or failing to provide proper care. However, it can sadly be more sinister in nursing home settings and can involve both physical and emotional trauma.
Although nursing home negligence will often lead to criminal charges, civil cases can be filed alongside criminal proceedings. Legally speaking, criminal cases will seek to punish the Defendant, while civil cases seek monetary compensation, such as a settlement or damages award for the Plaintiff. Civil cases will either be settled out of Court or proceed to trial where a jury may award damages at their discretion.
A wrongful death case may be filed when a loved one dies because of the nursing home’s negligent acts. A wrongful death case is frequently brought by a family member on behalf of the deceased. The family member represents the deceased’s estate, which often includes bloodline relatives.
The estate may be entitled to damages including the following:
- Loss of life;
- Conscious pain and suffering were undergone by the deceased, during the period intervening between the time of the injury and death;
- Reasonable medical, hospital, funeral, and burial expenses;
- Loss sustained by the estate, including, loss of financial support, loss of services, loss of society and companionship, and loss of gifts or other valuable gratuities.
If you or your loved one has been a victim of nursing home negligence or abuse, it’s vital that you seek assistance from a qualified attorney. For over 35 years, Dingeman & Dancer, PLC has been helping families protect their loved ones.