New Jersey Nursing Home Negligence Lawyer

When a family places a loved one in a New Jersey nursing home, they depend on the facility to provide the care that their loved one needs with dignity and respect. If the resident does not receive that care, there can be tragic results, causing serious injury or death. Depending on the circumstances of the incidents, the facility itself can be held legally liable for any losses the resident and their family have suffered.

Families who suspect their loved one has been a victim of nursing home abuse or neglect should contact Davis & Brusca to speak with a New Jersey nursing home negligence lawyer to find out what legal options they may have.

What Liability Does a Nursing Home Facility Have?

Under the law, nursing homes are required to provide all residents with competent and sufficient medical care, hygienic assistance, nourishing food, water, and housing. If there is any kind of failure to provide any of these items to residents, the residents can suffer injury or illness. If this happens, the nursing home could be held legally liable if the illness or injury was the result of one of the following factors:

• Acts of intentional abuse or neglect by nursing home staff members
• A failure to correct or repair safety issues at the facility that could harm residents
• A failure to monitor staff members who are caring for disabled or vulnerable residents
• A failure to provide access to nourishing food or water
• A failure to provide security measures that protect residents
• Hiring staff who are improperly trained to care for residents
• Neglecting residents’ medical needs
• Negligent hiring practices. This can include failure to conduct background checks on applicants or new hires
• Negligent rules or practices for resident care put in place by the nursing home management
• Using dangerous or unreasonable restraints on residents

There are other issues that can prove legal liability on the part of the facility. A nursing home neglect lawyer NJ trusts can evaluate your case and determine liability.

How to Prove Negligence

In order to prove that a nursing home was negligent and that negligent resulted in the injury or death of a nursing home resident, a New Jersey nursing home negligence lawyer will need to prove four elements:

•       The nursing home had a duty of care to the nursing home resident. This duty of care can usually be proven by the contract signed between the nursing home facility and the resident or the resident’s family or agent.
•       The nursing home breached that duty they owed to the resident by their failure to provide the treatment or services the resident required.
•       The nursing home’s breach of duty resulted in the resident’s illness, injury, or death.
•       The resident suffered damages because of the injury or illness (i.e. medical expenses to treat the condition). If the resident died because of the breach of duty, their family can pursue a lawsuit for damages for the loss that the resident’s death has caused the family.

Call a New Jersey Nursing Home Negligence Lawyer Immediately

If your loved one has been a victim of nursing home abuse or neglect, contact Davis & Brusca to meet with a compassionate New Jersey nursing home negligence lawyer to find out how we can get financial justice for your loved one.