Generally speaking, medical malpractice claims arise when a physician or medical professional does not meet the standard of care required for a given procedure or treatment and causes harm to a patient. Certainly, specific medical negligence can cause injuries to nursing home residents. However, there are other ways nursing home staff or conditions can cause harm that do not involve medical malpractice, such as dangerous conditions on the physical premises or non-medical injuries such as tripping, dropping or knocking over a resident.

Yes. Even though the care facility is being paid through the Medicaid system, the resident may still pursue a claim for negligence as appropriate. There are notification and subrogation issues that should be discussed with any attorney pursuing this type of claim.

The answer depends on the specific facts, but in many cases a nursing care resident is not able to bring their own claim due to a medical condition or even their death. In these cases, a personal representative or guardian ad litem can be appointed to pursue the claim on their behalf.

In many cases, nursing home cases involve the death of the resident, either as a result of the circumstance within the case, or simply because many residents are elderly or infirm and could pass away before they bring a claim. In these cases, a personal representative can be appointed to pursue the case on behalf of the estate of the deceased. Keep in mind that a claim brought on behalf of a deceased person is typically for the benefit of specific beneficiaries, which may or may not include the actual personal representative.