Who Can File a Nursing Home Abuse Lawsuit?

It depends on the state who can file a nursing home abuse lawsuit. Often if the patient is cognitively aware, the patient’s gonna be the person that can file the nursing home abuse lawsuit, basically in each of the states we practice in.

If the person is cognitively impaired, you often look to someone that has power of attorney or even a family member that might be considered. For Colorado, in instance next to friend, if someone dies as a result of wrongful death, in states like New Mexico and in Wyoming, a court will appoint someone to bring that lawsuit on behalf of family members.

In states like Colorado, we’ve got a statute where the spouse has the right to bring that wrongful death lawsuit in the first year, and in the second year, the heirs often children have that right. So it depends on the state, which is why it’s good to talk to a lawyer to figure out who can bring those lawsuits.