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What to do in cases of nursing home abuse

January 03, 2020

If you have an elderly loved one in a nursing home in North Jersey, know that there are laws and regulations in place to protect him or her. Both state and federal law require nursing homes to treat patients with respect and never expose them to the threat of abuse, whether verbal, physical or sexual; corporal punishment; or involuntary seclusion. If a patient is subject to abuse, then the family could file a claim.

Filing a nursing home abuse claim

There are a number of ways that you could approach the subject of abuse. You could pursue a case of medical malpractice or treat it as a case involving breach of contract. If the loved one died, then you would be filing a wrongful death lawsuit.

Whatever approach you take, the point is to recover compensatory damages for the losses incurred by the loved one. These losses can include the cost of medical treatment, pain and suffering and mental anguish.

Proving nursing home abuse

It must be clear that the negligent act of abuse was the act of a nursing home staff member. The investigation conducted by law enforcement or adult protective services will help toward clarifying this. You will also need to show just how the act was negligent: that is, what laws or statutes it breaks.

How an attorney may help

To see if an act of nursing home abuse, negligence or exploitation forms the basis for a strong case under personal injury law, you may want to see an attorney who works in this field. The attorney might hire third parties to review the data gathered in the police or APS investigation as well as bring together medical reports. The attorney may handle all negotiations for a settlement out of court.

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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”

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