Everything You Need to Know about Nursing Home Negligence Cases
According to the Kaiser Family Foundation (KFF), there are more than 15,000 certified nursing homes in the US. Nursing homes are essential for those who cannot care for their older relatives due to work-related and other obligations. Seniors with no living relatives and those who cannot afford to pay caregivers also benefit from nursing homes.
But what happens when you or a loved one gets hurt by the people you trusted to care for them? Unfortunately, nursing home abuse and neglect are common issues affecting many nursing home residents.
If you or a loved one has suffered nursing home abuse or neglect, you can sue the responsible nursing home for compensation. Learn more about nursing home negligence cases below.
Instances You Can Sue a Nursing Home for Negligence
Nursing home negligence occurs when the staff in a nursing home fails to provide adequate care to residents resulting in injury or death. Some instances of negligence include:
Personal Hygiene Neglect
This negligence is when caregivers fail to help residents with personal hygiene activities such as bathing and laundry.
Negligent Supervision
When the staff fails to watch over a senior vulnerable to falls or may injure themselves, they get hurt.
Medical Neglect
This form of neglect is related to medical malpractice. It is when caregivers fail to provide residents with the appropriate medical standard of care, such as administering medication and addressing medical concerns. Some nursing home staff are also guilty of overmedicating residents.
Emotional Neglect
When caregivers isolate residents, verbally abuse them, ignore them repeatedly or punish them, it counts as emotional abuse and neglect.
Care Negligence
Care negligence happens when caregivers fail to care for residents, causing health and safety issues like bed sores, malnutrition, dehydration, and falls.
Nursing homes that accept Medicare must also follow regulations on the standard of care. These regulations postulate that nursing facilities must ensure that:
- Residents receive adequate supervision and access to assistive devices for accident prevention purposes
- The facility is free of safety hazards
- Residents receive care that is consistent with professional standards
- Residents get sufficient nutrition
What You Need To File a Nursing Home Negligence Lawsuit
Legal representation is the first thing you need when filing a nursing home negligence lawsuit. An experienced nursing home negligence attorney helps you file a formal legal complaint and build your case.
A formal legal complaint is the most important document in the case because the document covers the facts relating to the incidence of neglect and names the parties involved. After filing your complaint, your attorney helps you get evidence to prove your claim.
You may need a doctor's report to prove any injuries or health issues you claim resulted from neglect. Eye witness accounts, photographs, copies of written communications, and nursing home records are also essential in nursing home neglect lawsuits.
When Is the Best Time to Sue a Nursing Home for Negligence?
The sooner you file a negligence lawsuit, the better. Waiting too long to file a lawsuit may make it hard to prove your claim. Additionally, statutes of limitations prevent people from filing lawsuits after a certain period.
In New Jersey, the statute of limitations for nursing home negligence cases is two years. That means you cannot file a negligence lawsuit against a nursing home two years after the incident occurred.
How Much Compensation to Expect From a Nursing Home Negligence Lawsuit
The compensation you receive from your lawsuit depends on the factors of the case. The compensation amount may depend on:
- Economic damages like medical treatment expenses
- Non-economic damages like pain and suffering
- Punitive damages charged to punish the negligent party
It is devastating when the people you have trusted to care for your elderly loved ones neglect their duty of care. That is why at Borbi, Clancy & Patrizi, LLC, we dedicate ourselves to helping you get the compensation you deserve for this gross breach of trust. Contact us today for legal representation in your nursing home negligence lawsuit.