No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.
Because of a nursing home resident’s vulnerability, family and friends rely upon the facility to ensure that their loved one receives the care and dignity he or she is entitled. Unfortunately, nursing homes and other care facilities don’t always do this. Nursing home negligence includes failing to protect their residents from health and safety hazards. Negligence can result in injuries such as broken bones, bedsores or pressure ulcers, dehydration, malnutrition, and other medical conditions which cause harm and even death.
Our nursing home abuse attorneys will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.
Nursing Home Abuse & Negligence Services
The Stark & Stark nursing home negligence attorneys will fight to recover all the benefits you deserve. As a result of our experience in representing clients in nursing home negligence matters and through careful assessment and preparation, our nursing home negligence lawyers help victims and their families obtain cash settlements for injury, medical expenses, and pain and suffering. Sometimes these positive outcomes are achieved only by going to trial. However, in many cases our lawyers are able to obtain favorable settlements outside of the courtroom, making the experience less stressful for our clients.
Frequently Asked Questions About Nursing Home Abuse and Neglect
Here are some questions and answers to help you better understand nursing home neglect and provide important information to safeguard your loved one’s safety and rights.
Nursing Home Negligence
If Someone I Care About Appears to Have Been Injured by Neglect, Abuse or Mistreatment, or I Have Witnessed Unexplained Injuries, Should I Contact an Attorney?
Yes. Neglect is the failure of the facility, its employees, or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress. If you suspect that a resident has been a victim of neglect, contact a Stark & Stark attorney to discuss your concerns.
The corporations that own New Jersey nursing homes must take steps to protect Resident Rights. Some of those resident rights include the right:
- to be free from physical and mental abuse and neglect;
- to live in safe, decent, and clean conditions;
- to live in a facility that does not admit more residents than it can safely accommodate while providing adequate nursing care;
- to receive appropriate assessment, management and treatment of pain;
- to be treated with respect for the resident’s dignity and individuality;
- to be given a written statement of all resident rights; and,
- to exercise all the constitutional, civil, and legal rights to which the resident is entitled by law.
Most of the time, a family member will not actually witness the abuse or neglect, so the only way they notice it is by recognizing the signs of abuse or neglect. These include:
- Bedsores, also called decubitus ulcers or pressure ulcers
- Falls with injuries and unexplained injuries
- Rapid weight loss or malnutrition
- Cracked lips or dehydration
- Unsanitary conditions
- Inadequate staffing or poor quality of staff
- Overmedicating patient
- Sudden changes in patient behavior or prognosis
- Signs of sexual abuse, venereal diseases, or genital infections
- Staff refusing or delaying visits by family to see resident
- A transfer to hospital for infection, wound care, or malnutrition
- A transfer to wound care clinic for unexplained wounds
- Immediate unexplained death.
Most law firms work on either an hourly or on a contingency fee arrangement. Contingency means that, unlike an attorney that you pay per hour, the attorney gets paid when and if they recover money in your case and then take a percentage of what is settled upon, plus any money spent to pursue your case, such as court fees, testifying expert fees, fees to obtain medical records.
The Stark and Stark nursing home negligence team focuses strictly on nursing home cases, so we’re able to work far faster than most firms that handle a wider variety of case types. The time it takes to resolve a case will vary depending on many factors, some of which include: the number of defendants, witnesses, and court scheduling.
Nursing home neglect cases range in value from zero to millions of dollars. The difference in value depends on many factors. We recommend calling our office and talking with one of our experienced nursing home negligence attorneys to find the best approach to your individual case.
Contact a Nursing Home Negligence and Abuse Lawyer
The Stark & Stark Nursing Home Litigation Group will advise you of your loved one’s legal rights and will aggressively prosecute a claim whenever our investigation reveals any instances of negligence which may permit you to obtain monetary recovery for harms and losses. Feel free to visit the Nursing Home Law Blog, which provides readers with timely information on nursing home and assisted living care.