Nursing homes have a duty to treat residents with dignity and keep them safe.
If a nursing home’s wrongful conduct or lack of care has injured a loved one, you may be considering filing a nursing home lawsuit.
An experienced nursing home neglect attorney can help you get started and answer any questions you may have about your claim.
How Does the Law Regulate Nursing Homes?
New Jersey state law and the federal Nursing Home Reform Act regulate nursing homes. The laws require facilities follow professional standards of care and provide the residents with an environment responsive to residents' physical and medical needs. There are also reporting laws that require nursing homes to self-monitor internally and report any harm to residents to various agencies.
Why Are Nursing Homes Sued?
Nursing homes are negligent when they do not adequately care for a resident and the resident is seriously injured or harmed. When nursing home owners, administrators, and staff act negligently, you can pursue compensation for your loved one’s damages.
Failure to Provide Adequate Medical Treatment
If a nursing home fails to give a resident medication or gives them too much or the wrong medication, this may be negligence. Failure to provide medical treatment if a resident is injured or ill is also unacceptable.
Sometimes even if treatment is given, it is not provided by an adequately licensed medical professional. This may also be a serious failure on the nursing home’s part.
Failure to Maintain Appropriate Health and Safety Policies
Not giving residents adequate supervision by having too few, or poorly trained, staff members often leads to negligence. When a nursing home does not regularly check on residents or does not meet their basic needs of food, safety, and care, the home may be negligent.
If any lack of care or treatment leads to serious harm of a resident, the nursing home may be sued for negligence.
Failure to Prevent Abuse
Sadly, there are far too many cases of nursing home residents being physically, sexually, or psychologically abused. Often, this is the result of negligent hiring or a failure to adequately supervise nursing home staff.
If you believe your loved one shows signs of abuse, you can help protect them by contacting a nursing home neglect lawyer right away. They can help you remove your loved one from a potentially harmful situation and hold the nursing home accountable.
How Do I Pursue a Nursing Home Lawsuit Settlement?
There are steps to follow if you are pursuing a nursing home lawsuit settlement. A basic blueprint for pursuing a nursing home lawsuit settlement is:
- Meet with a knowledgeable nursing home negligence lawyer;
- Provide all information, pictures, and documents you have regarding the case; and
- Let your lawyer help you gather additional information, such as state records on the nursing home, medical records, statements from witnesses.
These initial steps can be a long process. The lawyer will do due diligence to establish a strong case that can be successful. Once that occurs, the next steps will be:
- Begin the legal process of notice and filing of a lawsuit against the nursing home;
- Negotiate with the nursing home’s lawyers and any other parties; and
- Prepare a settlement agreement.
If you are unable to settle, your lawyer should be prepared to take your case to court.
How Long Does It Take to Settle a Nursing Home Lawsuit?
The timeline for settling nursing home lawsuits fluctuates and can be affected by things like:
- How long it takes you to contact a lawyer;
- How long it takes to gather information relevant to the negotiations (medical records, interviews, police reports, etc.);
- The history of other settlements with the nursing home;
- The number of parties involved (doctors, nurses, other residents, etc.); and
- The type of injury involved.
One of the most significant factors is when you begin working with a lawyer. Nursing homes are aware of their duty of care. When they have not met their responsibility and an attorney confronts them, they often settle these cases.
Do I Need a Lawyer for a Nursing Home Lawsuit Settlement?
For every stage of a nursing home lawsuit settlement, an experienced attorney should represent the injured. Settlements may end with the signing of papers and the exchange of money. But the process of getting there has lots of moving pieces. It is a legal process requiring an understanding of nursing home laws, negligence laws, state regulations, and federal mandates.
The law seeks to protect nursing home residents. Dedicated lawyers will hold nursing homes accountable when they fail to do their duty. Reach out to a skilled nursing home negligence lawyer if you suspect a nursing home seriously injured your loved one.
Hire the Best: O'Connor, Parsons, Lane & Noble
The attorneys at O'Connor, Parsons, Lane & Noble cherish their New Jersey community. We are passionate about advocating for those who have been seriously injured at the hands of nursing homes and medical professionals.
For a free consultation, contact our office today. We will treat you and your family with care and negotiate aggresively on your behalf.
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