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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.

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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.

Frequently Asked Questions

Abuse in a nursing home or assisted living facility can take many forms, including physical, emotional, sexual, and financial abuse, as well as neglect. Neglect refers to the failure of the facility’s staff to provide necessary care, resulting in harm or risk of harm to the residents. This can include inadequate attention to medical needs, poor hygiene, malnutrition, or failure to prevent falls or injuries.

Signs of abuse or neglect can vary but often include unexplained injuries, sudden changes in behavior, weight loss, unclean or unsafe living conditions, and a sudden decline in financial resources. If you notice any of these signs, it may be time to investigate further and consider seeking legal advice.

If you suspect that your loved one is being abused or neglected, document your observations and report your concerns to the facility’s management immediately. You should also consider filing a report with the state regulatory agency. Consulting with a legal professional who specializes in elder abuse and neglect can provide guidance on how to protect your loved one and pursue legal action if necessary.

A lawyer specializing in this field can help by assessing the situation, gathering evidence, and representing you and your loved one in legal proceedings. They can assist in negotiating settlements or pursuing a lawsuit to hold the facility accountable and seek compensation for the harm suffered. Legal intervention can also prompt changes in the facility’s practices to prevent future abuse or neglect.

Yes, there are statutes of limitations that apply to claims of abuse or neglect in nursing homes or assisted living facilities. These time limits vary by state, so it’s crucial to consult with a lawyer as soon as possible to ensure that your claim is filed within the allowable timeframe.

Compensation can cover medical expenses, pain and suffering, emotional distress, and, in some cases, punitive damages intended to punish the facility for its negligence. The specific compensation will depend on the details of the case, including the extent of the harm suffered and the circumstances surrounding the abuse or neglect.

Look for a lawyer with experience in elder law and specifically in handling cases of abuse and neglect in long-term care facilities. Check their track record, ask about their approach to these cases, and ensure they communicate clearly and compassionately. A good lawyer should make you feel supported and confident in their ability to represent your loved one’s interests effectively.

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    What Our Clients Are Saying

    Elena A.

    Highly recommend using the services of Milvidskiy Law Group! We were pleased with the level of service, knowledge, and forward thinking. Mr. Milvidskiy offered creative and thoughtful ideas for us. Thank you!

    Sal M.

    Estate Planning can be a complicated and technical endeavor for most individuals like myself and my wife. In addition, finding a competent Estate Planner can be equally difficult. However, from the outset, we were quickly assured that we had selected the right firm to handle all our Estate needs. Our attorney, Andre, and his assistant, Pamela, emphasized that for a plan to be successful, it must be fully understood and meet all the client’s individual concerns. Technical aspects were explained in layman’s terms, and all our questions were encouraged and fully answered. We’ve had experiences with other law firms, but by far, we found the Milvidskiy Law Group to be professional, trustworthy, experienced in the law, and genuinely interested in their clients’ welfare.

    Barbara W.

    My husband and I had a very positive experience working with the Milvidskiy Law Group. They were very knowledgeable and professional and an overall pleasure to work with. I strongly recommend using this law firm.

    Thomas B.

    The Milvidskiy team was incredible, and I am so grateful for their timeliness, compassion, and patience during such a difficult time for our family. During our time at the hospital, many people talked to us instead of speaking with us; however, their legal team was the exception. I am very impressed with how they navigated the tense situation with some of our family members and felt that their empathy was heartwarming. I will be forever grateful for their help ensuring our grandfather’s wishes were listened to and will be honored.

    Phoebi L.

    Mr. Milvidskiy and his staff are so professional and helpful all the time. I recommend them highly to anyone.

    Teresa W.

    My experience with the Milvidskiy Law Group was a positive one. They were always available to answer any of my questions. If I did have to leave a message or email a question/concern, they would always respond back in a reasonable amount of time. I would recommend this Law group!

    Susan C.

    This firm was wonderful, and I highly recommend them. They took the time to explain everything to me as I set up my Estate plan. They answered all my questions and did not pressure me into anything I didn’t want or need. I feel very at ease and relieved that this was taken care of. I also know they remain there if I have any questions down the road. All I have to do is call. Best thing I did this year!!

    Rose F.

    We were very impressed with the service we received from the Milvidskiy Firm. They were responsive and very professional. They delivered as promised. We highly recommend them! Their fees are quite reasonable.

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