First and foremost, you have to show that the nursing home violated the patient’s “Bill of Rights.” That violation of the Bill of Rights (or the violation of standard of care) produced damages that harmed the patient.

Once that’s done, a lawyer reviews that. The nursing home is given notice to evaluate the circumstances to see if they want to settle the case. That takes 75 days.

If the nursing home takes no action in that 75 days, then a claim can be brought — a formal lawsuit can be filed. But, in that evaluation period of 75 days, both the claimant and the nursing home can exchange information and documents. Then both will be more prepared to evaluate whether the case can be settled.

Many times cases are settled then — within that 75 day period.