When you or a loved one first moves into a nursing home, you don’t expect to face abuse or neglect. Unfortunately, however, it happens more often than you’d like to think. If this has happened to you or your family, seek help today with a skilled nursing home neglect lawyer from Davis & Brusca Trial Lawyers.
In a word, “YES”. Victims of negligence can bring a civil lawsuit against a Nursing Homes, just like any other medical provider. There are many acts, both intentional and unintentional, which may support a claim against a nursing home for injuries, harm or neglect to a patient. Every case is unique, but examples may include failure to properly care plan for safety, failure to provide sufficient medical treatment, failure to keep the facility free of hazards, and failure to provide adequate supervision.
Who Can Sue for Nursing Home Negligence?
Generally speaking, the right to sue belongs to the nursing home resident who was harmed or their legal representative (Power-of-Attorney, Executor and/or Estate Administrator). Depending on the law of the state and the particular facts, other family members may also have a claim. The law of the state in which the nursing home is located will control the specific claims.
How Is Negligence Different from Abuse?
Abuse speaks to an intentional act and may take many forms. Examples include situations in which staff have purposefully harmed a resident (such as twisting an arm, or striking them), or intentionally withholding care and treatment needed by the resident. Negligence, on the other hand, typically involves careless but unintentional acts or failures to act. Both are serious, and both can create injuries which are very severe – possibly even fatal.
What Are the Signs of Negligence?
Unfortunately, negligence is rarely reported by nursing homes and many residents are unwilling or unable to report negligence due to fear of reprisal or medical conditions, such as dementia. That’s why it’s important for family members to be aware of the signs of neglect. Examples include poor hygiene, unexplained injuries, worsening medical conditions, weight loss and sudden changes in mental or physical condition. If your loved one is displaying any of these signs, he or she may be the victim of neglect.
Is It Necessary to Hire a Lawyer?
Lawsuits for nursing home negligence are complex. The nursing home facility will likely have a team of skilled lawyers on their side, so its strongly recommended that you hire an experienced nursing home lawyer, like the top lawyers at Davis & Brusca, to help you. An experienced nursing home lawyer can help you examine the record to verify what happened, assist in gathering evidence, and negotiate with the insurance company. Every case is unique, but statistics show people with lawyers tend to get stronger results from a legal claim than those who try to proceed on their own.
How Much Can You Sue for Neglect?
The value of any legal claim depends on the particular facts involved as well as local state law. Some states, including New Jersey, do not permit attorneys to specify in a personal injury/negligence complaint that they are “suing for” a specific amount of money. An experienced nursing home neglect lawyer can assess the true value of the injuries involved in your specific case, the severity of the provable harm, and improve your chances of obtaining fair compensation.
If you or your loved one was the victim of negligence in a nursing home, call us today to schedule a consultation with one of the experienced trial lawyers at Davis & Brusca Trial Lawyers.