Can you sue a group home for an injury that happened under their care? 21 Answers as of February 20, 2012

My brother, a required 24 hour supervision disabled person, was under a care of a group home over the past weekend. However, they weren't watching him closely and according to the group home manager, my brother jammed his toe while opening the door. From the looks and required treatment of the toe, doesn't look like this is what happened. My brother had to be put under and surgically had to get his part of his toe nail removed. I want to know what we can do legally. Thanks!

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You would have to have more to go on than it "doesn't look like this is what happened". You would need evidence that something that the facility employees did or failed to do caused the injury: witnesses, documentation, video something that substantiates your suspicions. You may be right, but you have to be able to prove it, and the only way to do that is with evidence.
Answer Applies to: New York
Replied: 8/10/2011
A. Daniel Woska & Associates, P.C.
A. Daniel Woska & Associates, P.C. | Dan Woska
You can make a demand on the Group home and include damages in the form of medicals, pain and suffering and future medicals. It is in your best interest to hire an attorney to handle the claim for you. If the demand is ignored or refused you will have to file a lawsuit and try to get this matter to trial.
Answer Applies to: Oklahoma
Replied: 8/10/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
If negligent in the care and custody of a patient, a group home may be sued and held liable for a patient's injuries. Contact and/or consult with a local plaintiff's personal injury or accident attorney.
Answer Applies to: Indiana
Replied: 8/10/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Yes, you can bring an action for negligence against the group home. The issue comes down to whether they took reasonable steps to prevent injury, which sounds doubtful. A personal injury lawyer can help you determine if you have a case. Most will consult with you for free, and will take cases such as this on a contingency fee basis (they only recover if you recover).
Answer Applies to: Florida
Replied: 2/20/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can sue for negligence if you can prove that the facility's care did not conform to what is reasonable under the circumstances. This often involves retaining an expert witness to testify that regulations regarding numbers of nurses per patient or how often he should be watched were ignored. It sounds like you suspect that it was more than just negligence. You will have to prove how it happened , you cannot just suspect foul play. You would probably need a doctor to say it had to be intentionally inflicted, or have a witness who saw it. If the injury is not serious, it might not be worth the expense of the suit.
Answer Applies to: South Carolina
Replied: 8/10/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You may very well have a case. Speak with an attorney who handles personal injury law in your area. It is impossible to provide specific advice on an issue like this without a lot more information.
    Answer Applies to: Massachusetts
    Replied: 8/9/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I don't think that you will find a lawyer willing to pursue such a claim. But, yes, you could sue for lack of adequate supervision only how can you possibly prove what really happened?
    Answer Applies to: New York
    Replied: 8/9/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    You can sue the group home as the conservator for your brother. You will have to prove that the group home was negligent in some way. If you don't have any reliable witnesses or other evidence as to what happened, such a case will be difficult to prove. It is not enough to say that their explanation is unlikely. As the plaintiff you have the burden of proof and therefore will have to show by a preponderance of the evidence that the group home was somehow negligent in their care, supervision or treatment of your brother.
    Answer Applies to: Oregon
    Replied: 8/9/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    You can, but you need to know what happened and how it happened. Practically speaking, however, it may not be worth the cost you will incur in pursuing the matter. You may want file a complaint with the state's senior and disabled services office.
    Answer Applies to: Oregon
    Replied: 8/9/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You should consult an attorney about the next step. If he was injured due to the home negligence there would be a case.
    Answer Applies to: Pennsylvania
    Replied: 8/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you can prove that they were negligent in his care then you can sue the home. Depending on his age, you may also have an elder abuse claim.
    Answer Applies to: California
    Replied: 8/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you see a lawyer ASAP about your rights and options. Good luck
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    No lawsuit is supported by the facts. How much can anyone be watched? Thank God for those who work in group homes and other medical facilities. Don't aggravate them with unnecessary investigations or accusations. It will ultimately degrade the care your brother will receive.
    Answer Applies to: Montana
    Replied: 8/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Start with the idea you must prove negligence. And you must prove the negligence caused the injury. Normally a doctor must make the call.
    Answer Applies to: North Carolina
    Replied: 8/9/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    There is definitely a cliam that can be made because he was under the care of the group home in the capacity of a disabled person requiring more than ordinary care and supervision.
    Answer Applies to: New Jersey
    Replied: 8/9/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Any one can be sued for negligent supervision or general negligence if you can prove they were negligent while your brother was under their care. You must show that they were negligent. If you believe that they were negligent while he was in their care you should contact a lawyer. If you would like to discuss this matter further.
    Answer Applies to: New York
    Replied: 8/9/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 8/9/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    The home has a duty to care for your brother. It sounds like they may have violated that duty. However, it is hard to know for sure without more facts. Also, I can't tell whether your brother's injuries are enough to make a lawsuit cost-effective. But you should talk to a lawyer who can get more information from talking to you than you can put in an email.
    Answer Applies to: Oregon
    Replied: 8/9/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    This is an issue of negligence and failure to properly supervise. If they breached their duties in any way you may have a viable claim against the home for damages.
    Answer Applies to: Washington
    Replied: 8/9/2011
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