An evolving area that used to be a general
negligence claim, but now more than likely will
require the filing of a medical malpractice
claim, is that of nursing home liability.
Generally if the action/inaction arose out of a
medical relationship/treatment, then the claim
must sound in malpractice. On the other hand, if
the claim arises from simple non-medical related
negligence, then the claim can be plead as a
negligence claim. If the latter, the proofs are
simpler and less expensive. If the former, there
are stringent notice requirements and the proofs
are much more strict and costly and there are
"caps" on any recovery.
I have handled cases involving bed sores, bed
rail strangulation, falls and patient abuse.
Consult me as soon as possible regarding your
loved one’s specific situation.