When Can You Sue a Nursing Home for Negligence
As our loved ones age, we rely on nursing homes and assisted living facilities to help take care of them when they can no longer do so for themselves.
These types of facilities are entrusted with a great deal of responsibility to ensure the health, safety, and general welfare of our loved ones. And while we hope that our loved ones will be in good hands, this is, unfortunately, not always the case.
If you or a loved one has suffered injuries due to the actions or inaction of a nursing home, you might be wondering what you can do. Under New Jersey law, you may have a claim for negligence if a nursing home or its employees took unreasonable actions that resulted in harm.
At the law firm of O’Connor, Parsons, Lane & Noble, we understand how difficult this situation must be, and we want to help. If you or a loved one is a victim of nursing home neglect, contact our team of nursing home neglect attorneys today.
What Are Some Signs That I Might Have a Nursing Home Negligence Claim?
Knowing whether a nursing home might be liable for negligence can be tricky. This is because the signs of nursing home abuse and neglect can be difficult to recognize if you don’t know what you should be looking for. Thus, it is important to be aware of some of the common signs of nursing home neglect.
Some of the most common signs include:
- Broken bones,
- Bed sores,
- Weight loss,
- Lack of apparent care or hygiene provided,
- Change in mood,
- Depression, and
- Trouble locating staff members.
If you notice or suspect any of the above, contact a nursing home neglect lawyer immediately.
How Do I Know Whether I Have a Valid Nursing Home Negligence Case?
A question that many people have is simply, Can I sue a nursing home for negligence? The answer, however, is not so simple.
As with any other negligence claim, you must be able to prove four things: duty, breach, causation, and damages. Specifically, with respect to a nursing home neglect claim, you must be able to show that:
- The nursing home owed a legal duty to take reasonable and appropriate care of you or your loved one;
- The nursing home breached that duty by failing to do what a reasonable nursing home would have under the circumstances;
- The breach of that duty was the cause of any injuries that exist; and
- Actual damages exist.
If all four of the above elements exist, you will have a valid legal claim for negligence against the nursing home.
Examples of situations that might constitute nursing home negligence include:
- Physical abuse,
- Emotional abuse,
- Failure to timely respond to a resident’s requests for assistance, and
- Failure to assist a resident with eating, drinking, or bathing.
If you have any concerns or suspicions that a loved one might be suffering due to the neglect of their nursing home, it is important that you seek assistance as soon as practicable.
Can You Sue a Nursing Home for COVID-19 Related Negligence?
COVID-19 has affected nearly every aspect of everyday life as we once knew it. The law is no exception.
In these unprecedented times, we have received many questions regarding whether you can sue a nursing home for negligence related to COVID-19. While the facts and circumstances will of course vary from case to case, the short answer is yes.
If you or a loved one contracted COVID-19 due to a failure by the nursing home or its employees to take adequate care and precautions to prevent its spread, you may have a claim for relief.
So long as you can prove the four elements of negligence (duty, breach, causation, and damages), you can sue a nursing home for negligence related to COVID-19.
Consult Our Nursing Home Abuse Lawyers Today
Nursing home patients are entitled to be treated with dignity and respect, just like any other people. In fact, when you entrust a nursing home with the care of your loved ones, they deserve to be treated with the utmost care.
At O’Connor, Parsons, Lane & Noble, we understand how important it is to keep your loved ones safe and out of harm’s way. If you suspect your loved one has suffered mistreatment at the hands of their nursing home, contact our team today to schedule your free consultation. We have a long history of serving clients in need, and we hope we can do the same for you.