Nursing Home Litigation: Theories of Recovery – Overview

Written by Adam Peck Category: Elder Law January 26th, 2013 1 min read

Nursing Home Abuse and Neglect Litigation involves a combination of various circumstances that is seemingly quite different from the typical medical malpractice or ordinary negligence actions. Injuries incurred in nursing homes, are often caused by reckless and intentional conduct of various types, including business decisions by management.

If the resident is still living, counsel may have little reason, and no time, to consider all possible legal theories. It is usually in the plaintiff’s interest to proceed on a simple negligence theory and get to trial as soon as possible.

An action limited by negligence will, however, be completely restricted by the Medical Injury Compensation Reform Act (MICRA), and counsel may still wish to decide whether the defendant has committed an intentional tort, in order to possibly avoid MICRA’s constraints.

Alternatively, if the victim has died, the plaintiff will undoubtedly desire to pursue the remedies available under the Elder Abuse Dependant Adult Civil Protection Act (EADACPA), as well as the possibility of receiving punitive damages.

Please contact Steven Peck’s Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Nursing Home and Abuse Neglect attorney.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.