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New York & New Jersey Elder Law Attorneys

Nursing Home Abuse & Neglect

Nursing Home Neglect: Bedsores and Falls

Milvidskiy Law Group P.C. represents nursing home residents and their families in New Jersey and New York. When bedsores or falls raise concerns about the care a resident received, we investigate the circumstances and help families understand their legal options.

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 attorneys investigate the care provided and the circumstances of the injury to identify failures that may have caused bedsores or falls.

Establishing Liability

Establishing liability requires demonstrating 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. We assess the resident’s injuries and losses and pursue compensation supported by the circumstances of the case.

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. In each state, the Department of Health oversees nursing home licensing and regulation, including requirements for resident 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.

Representation for Residents and Their Families

Our attorneys draw on experience in nursing home neglect and elder law to review the care records, consult appropriate experts, and explain the available claims. We keep families informed as the matter progresses and address questions about both the legal case and related planning needs.

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. for a free consultation to discuss what happened and the next steps.

Frequently Asked Questions

Bedsores can develop when residents with limited mobility are not repositioned regularly or provided with adequate care. Falls may involve inadequate supervision, staffing, or facility maintenance. A review of the resident’s needs, care records, and the circumstances of the injury helps identify whether neglect occurred.

Our attorneys review medical records, witness accounts, and expert opinions to assess the care provided and the cause of the injury. Records of the resident’s condition and the family’s observations can help establish what happened.

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 focuses on elder abuse and neglect can provide guidance on how to protect your loved one and pursue legal action if necessary.

A lawyer who focuses on 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.

Receiving compensation can affect eligibility for Medicaid or other benefits. Our attorneys address that issue as part of settlement planning, including consideration of special needs trusts and pooled trusts.

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