This is a complicated legal question because the answer in any given case depends on the specific facts of that case. That said, there are some general rules that apply in nursing home cases that you should consider.
First, if the negligence at issue involves a licensed medical professional, then it is likely any damage related to that negligence will be subject to a cap.
Second, if the negligence at issue was by an ordinary employee, manager, or executive of a nursing home then it is likely any cap on damages WILL NOT apply.
IMPORTANT: one of the many reasons it is important to discuss your specific situation with an attorney is the fact that if a cap on damages applies to your case, the deadline to file your lawsuit will also be shortened. This may also be true if the negligence or abuse cause the death of your loved one.
REMEMBER: most nursing home cases ARE NOT subject to any caps on damages. However, the legal issues and facts in these cases can be very complicated.
It is vital that you discuss the case with a lawyer ASAP. A lawyer can help you assess whether the case is viable and whether any damage cap applies and how much time you have to file the case or lose the opportunity to pursue your rights or the rights of your loved one. Contact me and I’d be happy to discuss your case.