NURSING HOME ABUSE AND NEGLECT
If your loved one has been seriously injured while residing in a nursing home because of abuse or neglect then talk to the Monier Law Firm about whether you can hold that facility responsible and obtain compensation for the pain and suffering and lost enjoyment of your loved one, and if appropriate seek punitive damages. Punitive damages are allowed under the law when there is conduct so egregious that the wrongdoer deserves to be punished in addition to having to pay to compensate the victim of the wrongdoing for the injuries suffered.
Common nursing home wrongdoing includes:
- Failing to prevent falls and injury from falls
- Improper use of drugs or physical restraints
- Failing to obtain proper medical care and treatment
- Bed sores and Pressure sores
- Sepsis and Gangrene
- MRSA (Methicillin-Resistant Staphylococcus Aureus)
- Malnutrition and Dehydration
The elderly are entitled to live their remaining years assisted in a nursing home with dignity, care and respect. By coming forward and holding negligent caregivers responsible you are not only pursuing compensation for your loved one but also attempting to improve the system of care for the community at large. The Monier Law Firm will fight to help obtain compensation for your elderly resident’s physical and emotional pain and suffering and when appropriate seek punitive damages to discourage the caregiver from treating future residents in an egregiously wrongful manner.
Home Health Aide Abuse and Neglect Negligent care and mistreatment can also occur in the home of a disabled elderly person when a home health aide assigned to provide that person in need of care does not exercise the degree of care required. In addition, the Home Health Aide company may hire unqualified workers and not train, instruct and supervise its aides properly. New York has laws in place to protect the disabled elderly against abuse and neglect and home health aides may be subject to criminal penalties, in addition to civil money damages. The Home Health Aide company will be held liable for its responsibility. Monier Law will fight aggressively on your behalf.
Nursing Home Responsibilities and Rights of Residents Act A nursing home patient has the right to a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident. Additionally, the patient has the right to expect and receive appropriate assessment, management and treatment of pain as an integral component of that person’s care consistent with sound nursing and medical practices.
A violation of the Hursing Home Act allows damages and reasonable attorney fees and costs. This provision allows families to retain an attorney and bring legal proceedings in order to protect their loved one’s rights when informal complaints do not resolve the particular issue.
Initial complaints can be directed to the Office of the Omnibudsman at 877-582-6995. If the situation is not resolved, please call and speak with the Monier Law Firm and discuss whether enforcement of the NJ Nursing Home Act is an option.
Additional rights afforded by the Nursing Home Act are:
- The right to manage financial affairs
- The right to wear your own clothing
- The right to retain and use personal property
- The right to send and receive unopened letters
- The right to have assistance to send and receive letters
- Access to telephone at reasonable hours
- Access to personal visits at reasonable hours
- Not to be deprived of any civil or legal rights solely by reason of admission to a nursing home facility
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