New York & New Jersey Elder Law Attorneys
Nursing Home Abuse & Neglect
Legal Representation for Bedsores and Falls in Nursing Homes in New Jersey and New York
With our practice dedicated to elder law and estate planning, our attorneys have been strong advocates for the rights of nursing home residents in New Jersey and New York.
At Milvidskiy Law Group P.C., we understand the heart-wrenching reality that many families face when their loved ones suffer from neglect in nursing homes. Bedsores and falls are common indicators of such neglect, and our experienced legal team is dedicated to holding negligent facilities accountable and securing justice for the affected individuals in New Jersey and New York.
Understanding Bedsores and Falls in Nursing Homes
Bedsores (Pressure Ulcers)
Bedsores, also known as pressure ulcers or decubitus ulcers, are injuries to the skin and underlying tissue primarily caused by prolonged pressure on the skin. They most commonly develop on bony areas of the body, such as the heels, ankles, hips, and tailbone. Nursing home residents who are immobile or have limited mobility are at a higher risk of developing bedsores, especially if they are not repositioned regularly or provided with adequate care.
Falls:
Falls are another serious concern in nursing homes. Many residents have conditions such as osteoporosis, muscle weakness, or balance issues, making them more susceptible to falls. Inadequate staffing, poor facility maintenance, and lack of proper supervision can all contribute to the increased risk of falls, which can result in severe injuries, including fractures, head trauma, and even death.
Legal Representation for Nursing Home Neglect
Identifying Negligence
Negligence in nursing homes can take many forms, including failure to provide adequate medical care, improper supervision, insufficient staffing, and failure to maintain a safe environment. Our legal team meticulously investigates each case to identify the specific acts of negligence that led to the development of bedsores or falls.
Establishing Liability
To establish liability, it is crucial to demonstrate that the nursing home’s actions or inactions directly caused harm to the resident. This involves gathering evidence such as medical records, witness testimonies, and expert opinions. Our attorneys work closely with medical professionals and other experts to build a strong case that highlights the nursing home’s failure to meet the standard of care.
Pursuing Compensation
Victims of nursing home neglect may be entitled to compensation for medical expenses, pain and suffering, emotional distress, and other damages. Our firm is committed to pursuing the maximum compensation possible to ensure that our clients receive the financial support they need for their recovery and well-being.
Planning with Special Needs and Pooled Trusts
Receiving compensation for nursing home neglect can sometimes result in a loss of Medicaid or other benefits. To prevent this, our firm offers planning services that include establishing special needs trusts and pooled trusts. These legal tools help protect your loved one’s eligibility for essential benefits while ensuring they can still access the compensation they deserve.
Law Governing Nursing Home Negligence in New Jersey and New York
Federal and State Regulations
Nursing homes are regulated by both federal and state laws. The Nursing Home Reform Act of 1987 is a key federal law that sets forth the rights of nursing home residents and the standards of care that facilities must follow. Additionally, New Jersey and New York have their own set of regulations and licensing requirements that nursing homes must comply with. Both in New Jersey and New York, the Department of Health oversees the licensing and regulation of nursing homes. The state has specific regulations that nursing homes must adhere to, ensuring that residents receive the highest standard of care.
Negligence claims in nursing home cases fall under tort law, which allows individuals to seek compensation for harm caused by the wrongful actions of others. To prove negligence, it must be shown that the nursing home owed a duty of care to the resident, breached that duty, and caused injury as a result.
New Jersey and New York have specific laws addressing elder abuse, which includes physical, emotional, and financial abuse, as well as neglect. These laws provide additional protections for nursing home residents and may impose harsher penalties on facilities that fail to provide adequate care.
Why Choose Milvidskiy Law Group P.C.?
Experience and Expertise
Our attorneys have extensive experience handling cases of nursing home neglect, and we are well-versed in the complexities of the relevant laws and regulations in New Jersey and New York. We are dedicated to advocating for the rights of vulnerable individuals and holding negligent facilities accountable.
Compassionate Representation
We understand the emotional toll that nursing home neglect can take on families. Our team provides compassionate and personalized representation, ensuring that our clients feel supported and informed throughout the legal process.
If your loved one has suffered from bedsores or falls in a nursing home in New Jersey or New York, contact Milvidskiy Law Group P.C. today for a free consultation. Let us help you seek justice and ensure that your loved one’s rights are protected.
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