A Nursing Home Malpractice Lawyer Can Help You Secure Compensation for Nursing Home Abuse and Neglect
Most Recent Successes:
As of Mid December 2021, Partner Paul M. da Costa Achieved a $32 Million Settlement Over Covid-19 Deaths in Veterans Homes in New Jersey. This eight-figure settlement was the end result of the State of New Jersey agreeing to settle pre-suit with the families of residents at the Menlo Park and Paramus Veterans Homes whose deaths were attributed to the COVID. Paul and his team’s work has been featured in many articles written by many prestigious news organizations.
In November of 2021, Partner Paul da Costa obtained a $6.2 million settlement for the families affected by the tragic adenovirus outbreak that took the lives of 11 children and injured 25 at the Wanaque Center for Nursing and Rehabilitation back in 2018. Mr. da Costa represented 13 families whose children either died or became severely ill as a result of the outbreak.
About Nursing Home Malpractice:
Nursing home abuse and negligence is a tragic issue that, unfortunately, can occur frequently within any facility. It occurs when residents do not get proper care and it can result in severe physical and emotional harm or even death. An experienced nursing home malpractice attorney can go through records and review other evidence to establish negligence or a deviation from normal protocol. Paul M. da Costa and his team at Sarno da Costa D’Aniello Maceri LLC can navigate the complicated legal field, allowing you to focus on recovering from the consequences of malpractice while we pursue compensation.
“My experience and interaction with the people from your firm was exceptional. The settlement will not fill the void of my mother’s passing but it acknowledges there was negligence in the treatment of the residents at the Veteran’s Home that contributed to their passing.” Gordon ~ Sea Girt, NJ
RESULTS MAY VARY DEPENDING ON YOUR PARTICULAR FACTS AND LEGAL CIRCUMSTANCES.
What is Nursing Home Malpractice?
When a nursing home fails to provide adequate care to a resident, it may be liable for the resulting injuries or wrongful death. The common law theory of negligence, when applied in a healthcare setting, is often called “malpractice”. In order to prevail in a negligence claim, a plaintiff must prove five elements:
- Duty: The ability to establish that the defendant owed you or a family member a duty of care. Doctors, nurses, and other medical professionals owe a duty of care to their patients as a matter of law.
- Breach: The ability to prove that the defendant breached the requisite duty of care owed to them.
- Causation: The ability to prove a correlation/ direct link between the negligent act and the resulting injury. A plaintiff must demonstrate that, without the defendant’s breach, the injury most likely would not have occurred.
- Injury: The ability to prove you suffered injuries, loss, death, or other expenses
Many people believe nursing home abuse only describes physical injuries incurred upon the resident. However, nursing homes may be liable for other types of abuse, such as sexual abuse, emotional/ psychological abuse, financial exploitation, and neglect. Neglect occurs when a facility fails to meet the basic needs of the older adult including food, water, shelter, clothing, hygiene, and medical care. A nursing home staff member who intentionally fails to comply with the “standard of care” should be held responsible if their actions lead to injuries or death.
Spotting the Signs of Nursing Home Wrongdoings
Residents with Alzheimer’s or dementia may have difficulty communicating. Others may be hesitant to report malpractice out of fear or because they are unfamiliar with the law. If you suspect that a loved one is victim of nursing home malpractice, look for these warning signs:
- Bedsores or pressure ulcers
- Sudden weight loss or gain
- Broken or fractured bones
- Medication errors
- Oxygen deficiency
- Sudden changes in personality or behavior, including anxiety, depression, withdrawal from activities, fits of anger, self-harm, lack of interest in personal hygiene
- Other unexplained injuries
Who May be Liable?
Anyone employed by the nursing home who was responsible for or contributed to injuries or death may be liable. Parties in a nursing home abuse lawsuit may include:
- Doctors and Physicians Assistants (PAs)
- Registered Nurses (RNs), Licensed Practical Nurses (LPNs), or Licensed Vocational Nurses (LVNs), Certified Nursing Assistants (CNAs)
- Contracted vendors
- Custodians and maintenance staff
- Nursing homes and parent companies
Types of Compensation
Your Nursing Home malpractice attorney will provide the top-quality legal representation you need to recover the damages you deserve. There are three types of damages you may be awarded in a nursing home malpractice case:
|These are expenses and financial losses such as reimbursement for medical bills, physical therapy, long-term care, or stolen money.
|These damages include compensation for the pain and suffering, anxiety, or diminished quality of life.
|This money may be included to punish the defendants for their careless behavior or for intentionally or maliciously causing harm.
Our Experienced Attorneys Have a Proven Track Record of Success
Sarno da Costa D’Aniello Maceri LLC has substantial experience handling nursing home malpractice cases. Our team of attorneys are dedicated to “right the wrongs” that have been forced upon our clients and to providing a voice for individuals and families that have fallen victim to nursing home malpractice.
The hearing that sparked change:
In December 2018, Partner Paul da Costa testified before the Senate Health & Human Services Committee at a hearing on behalf of the families whose children had fallen victim to the preventable Adenovirus outbreak at The Wanaque Center for Nursing and Rehabilitation. 36 pediatric patients contracted the virus and 11 of the 36 passed away due to complications of the virus. After the hearing, the Legislature passed a bill that was signed by Governor Murphy requiring long-term care facilities to isolate and separate sick and “at-risk” residents from the healthy population and to have infectious disease outbreak plans. In addition to the legislative changes, Mr. da Costa achieved a $6.2 million settlement [FAN1] for the 13 families he represented in the lawsuit.
Mr. da Costa is representing numerous families and staff members that have fallen victim to COVID-19 inside nursing homes, such as the Veterans Memorial Homes at Menlo Park and Paramus where residents were negligently exposed to the deadly virus. Mr. da Costa has even achieved an eight-figure settlement of $32 million for the families of the Menlo Park and ParamusVeterans Memorial Homes
There is an increase in concern over nursing home malpractice during the COVID-19 pandemic. Being that elderly patients are especially vulnerable in terms of contracting the virus, it’s more important than ever to seek out an experienced nursing home malpractice attorney to handle your case. Our team of legal experts can guide you and your loved ones through any COVID lawsuit and help you achieve justice.
Paul M. da Costa and his team at Sarno da Costa D’Aniello Maceri LLC are dedicated to ensuring your rights are defended and that financial problems resulting from losses caused by another party’s negligence do not undermine your stability. Contact our office today to set up a consultation and discuss your case with an experienced professional.
AS SEEN ON
NJ Spotlight News- NJ to pay almost $53M over COVID-19 deaths at veterans homes
First Aired 12/27/21
NJ Spotlight News – Grand jury probes COVID-19 deaths at NJ veterans homes
First Aired 1/05/2021
NJ Spotlight News – It’s a race: COVID-19 vaccine vs. a second surge at nursing homes
First Aired 12/10/2020
NBC News – New Questions Over Outbreak at Veterans Nursing Home in NJ
First Aired 10/19/2020
Vice News – How NJ Failed its’ Veterans at a Nursing Home During COVID
First Aired 10/15/2020
NJ Spotlight News – NJ veterans home staff & families demand answers on COVID-19 deaths
First Aired 09/16/2020
NJTV News – COVID Death Count Higher than Reported
First Aired 08/17/2020
NJTV News – NJ Veterans Home COVID-19 Cases
First Aired 08/11/2020
NBC News – NJ Veterans Home COVID-19 Cases
First Aired 07/03/2020
NBC News – NJ Veterans Home COVID-19 Cases
First Aired 06/29/2020
NorthJersey.com – Wanaque Adenovirus Outbreak Cases
First Aired 10/19/2019
ABC7 Eyewitness News – Wanaque Rehab Center Cases
First Aired 12/03/2018