How to Prove Nursing Home Negligence

Families who trust nursing homes or assisted living facilities expect their loved ones to be treated with dignity and compassion. Sadly, this is not always the case, as nursing home malpractice, abuse, and neglect happen all too often. If you suspect a facility has failed your loved one, our nursing home malpractice lawyers/medical malpractice lawyers  at Sarno da Costa D’Aniello Maceri Webb LLC can help you pursue justice.

Led by Paul M. da Costa, our nursing home malpractice team has recovered substantial settlements and verdicts for victims of nursing home/long-term care facility negligence in New Jersey.   Mr. da Costa secured a settlement totaling $44 million dollars on behalf residents of the New Jersey Veterans Homes at Menlo Park and Paramus, and their family members, who died from COVID-19. The settlements with the State of New Jersey are believed to be the largest combined settlement secured by any New Jersey law firm related to claims of nursing home malpractice.  Knowing how our nursing home negligence attorneys prove these cases can give you peace of mind and help you better understand the claims process.

What Is Nursing Home Malpractice?

When a nursing home or its staff fails to meet the accepted standard of care for its residents and it results in harm, it may be considered nursing home or long-term care facility malpractice.

Types of Nursing Home Malpractice

Nursing home malpractice can take many forms, including:

• Medical negligence – Dispensing medications incorrectly, ignoring symptoms of illness, and delayed diagnosis and treatment can have deadly consequences.
• Neglect — Failing to give residents adequate food, hydration, and assistance with hygiene and mobility can result in malnutrition, bedsores, and falls.
• Inadequate staffing – Operating without enough employees to provide safe, attentive care or hiring unqualified caregivers is dangerous for both residents and staff.
• Physical and emotional abuse – Inflicting harm by hitting, yelling, intimidating, or isolating residents takes a grave toll on their overall health and happiness.
• Hazardous conditions – Slippery floors, poor lighting, or faulty medical equipment can cause serious injuries and fatalities.
• Violation of residents’ rights – Residents of nursing homes have defined rights under the New Jersey Nursing Home Act and federal legislation known as “OBRA.”

These types of negligence may constitute a breach of duty and lay the foundation for a nursing home malpractice claim. Our experienced attorneys can evaluate your case and determine the best way to move forward and find justice.

Signs of Nursing Home Negligence

Common signs of nursing home negligence include bedsores, infection including but not limited to sepsis, poor personal hygiene, unexplained injuries, weight loss, dehydration, and behavioral changes such as withdrawal, depression, anxiety, and fear. If you notice any of these indicators, it’s vital to take action as soon as possible.

Elements of Proving Nursing Home Negligence

To develop effective legal strategies, your attorney must understand how to prove the four essential elements of a negligence case. Your nursing home malpractice lawyer will:  

Establish Duty of Care

The first step in almost any malpractice case is to prove that the at-fault party had a clear duty to provide a safe and reasonable standard of care. This duty is reinforced by state and federal regulations that govern long-term care facilities.

Demonstrate Breach of Duty

Once duty of care is established, your nursing home malpractice attorney must show how the facility or staff failed to uphold it. This may involve regulatory violations, ignoring prescribed care plans, staffing shortages, inadequate training or supervision of employees, and other breaches in care. Our nursing home negligence lawyers work closely with trusted medical experts and elder care specialists who can explain what the proper standard of care should have been.

Prove Causation

For a claim to be successful, your attorney must link the breach of care directly to the resident’s injuries or death. For example, bedsores or a broken hip could indicate neglect, or an infection may result from unsanitary living conditions. Proving causation requires solid evidence that shows harm occurred and that it was preventable if the facility had met the standard of care.

Document Damages

Your nursing home negligence attorney must demonstrate the extent of physical, emotional, and financial harm the victim or their family has suffered. Damages in nursing home malpractice cases often include:

• Past and future medical expenses
• Pain and suffering
• Emotional distress
• Loss of dignity and quality of life

Wrongful Death Damages

If your loved one passed away due to nursing home negligence, you may be able to file a wrongful death lawsuit. Damages in these cases usually include funeral and burial costs, loss of companionship, and other damages specific to the circumstances.

Punitive Damages

In rare cases involving deliberate malice or particularly egregious behavior, punitive damages may be awarded. These damages are meant to punish the defendant and deter them and others from committing similar acts in the future.

Helping Victims and Their Families Find Justice

Paul and his team have obtained eight-figure settlements in cases involving COVID-19 outbreaks in two New Jersey veterans’ homes. He also achieved a $6.2 million settlement with the former operators of a pediatric nursing facility accused of delaying hospital care after a viral outbreak in 2018.

Types of Evidence in Nursing Home Negligence Cases

Building an effective nursing home malpractice case relies heavily on solid evidence. Our medical malpractice attorneys may gather and preserve evidence such as:

• Medical records – Progress notes, prescriptions, medical charts and progress notes, and hospital records can reveal patterns of neglect or errors.
• Nursing home records – Incident reports, staff schedules, training logs and state inspection reports can demonstrate that a facility was short-staffed or violated regulations.
• Photographs and videos – Images of unsafe conditions, injuries, bedsores, and other signs of neglect provide powerful visual evidence that drives home the seriousness of nursing home negligence.
• Witness testimony – Statements from other residents, nursing home staff, family members and other visitors can also have a significant impact on a judge and jury.
• Expert opinions – Our nursing home negligence lawyers work closely with experienced medical professionals who explain how proper care was ignored or delayed.
• Regulatory violations – Evidence of citations and fines issued by the New Jersey Department of Health or federal regulators of nursing homes can demonstrate a pattern of failure to meet standards of care.

Our skilled nursing home negligence attorneys know how to take swift action to preserve evidence and file for subpoenas to obtain information.

Why You Need an Experienced Nursing Home Malpractice Lawyer

Nursing home malpractice cases are some of the most emotionally charged and complex claims in the area of personal injury law. To achieve a successful outcome, you need a knowledgeable, tenacious advocate who understands the law, regulatory compliance, complex medical information, and the unique challenges involved in proving nursing home negligence.

Timing Matters

If you suspect neglect or abuse, take action as soon as possible. The statute of limitations for nursing home malpractice claims in New Jersey involve strict deadlines. Waiting too long to act can result in losing your right to pursue the justice and compensation you need to make things right. Evidence can be altered or disappear, witnesses’ memories fade, and conditions in the facility may change. Acting promptly gives your nursing home malpractice attorney the best chance of building a compelling case.

We Care About Clients and Their Families

Every nursing home malpractice case is personal to Paul and his team. Our nursing home negligence lawyers are committed to ensuring that the most vulnerable members of our society are treated with the dignity and respect they deserve. We provide compassionate guidance to families and hold nursing homes and assisted living facilities accountable for their wrongs.

No Fees Unless We Win Your Case

Our nursing home and long-term care facility malpractice lawyers in New Jersey take cases on a contingency fee basis. This means you won’t incur any upfront costs, and we get paid only if we recover compensation for you.

Contact an Experienced Nursing Home Malpractice Attorney Near You in New Jersey

If you or a loved one has been harmed by nursing home malpractice in New Jersey, Sarno da Costa D’Aniello Maceri Webb LLC is here to stand by your side and fight for your rights and interests. way. To schedule a free, no-obligation consultation with Paul M. da Costa, contact us or call  973-274-5200.  Our nursing home malpractice lawyers offer several locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.