NEW JERSEY NURSING HOME NEGLIGENCE & ELDER ABUSE LAWYERS
Levinson Axelrod is at the forefront in New Jersey in holding Nursing Homes and Rehabilitation Centers responsible for their negligence when they injure or deprive our most vulnerable citizens of their rights. With our aging population in this State, this has become more and more of a concern.
When you or your loved one is injured at a Nursing Home or Rehabilitation Center, we can help recover damages. We have handled many of these cases to a successful conclusion.
Under New Jersey law, Nursing Home residents are protected by both State and Federal Regulations. New Jersey had its own Nursing Home Bill of Rights which is State Law, N.J.S.A. 30:13-5. This law not only protects residents, but also shifts the costs and attorneys fees to the Nursing Home if they violated these rights. N.J.S.A. 30:13-4.2. Under the Nursing Home Resident Rights, N.J.A.C. 8:39-4.1 there are other rights which are protected such as the Right to be free of restraint unless authorized, to live in a safe decent and clean facility and to voice complaints without being threatened amongst many others. Nursing Homes and Rehabilitation Centers have specific legal responsibilities set out under State Statute. N.J.S.A. 30:13-3. When they fail in these responsibilities, they must be held accountable in order to protect that individual as well as all others under their care.
Nursing Home Residents often suffer falls, bedsores, malnutrition, dehydration, abuse physically and mentally. None of these are acceptable. We will help you hold them accountable and obtain money damages.
Federal Statutes require specific record keeping and reporting of accidents and injuries in the Nursing Home. Any alleged violation of abuse must be investigated pursuant to 42 CFR Section 483.13 (c)(2). There must be a plan of care for each resident. More importantly, Federal Law makes it the duty of the Nursing home to prevent pressure sores and other injuries.
For example, under Federal Law the facility must ensure that "a resident who enters the facility without pressure sores does not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable despite every reasonable effort". It is the burden of the Nursing Home to show that they were unavoidable. Further, they must take steps to treat and prevent any sores that do develop. 42 CFR Section 483.25(c)(1) and (2). Federal Statutes also place similar responsibility on the Nursing Homes to maintain adequate nutrition for residents.
Additional obligations exist to make sure that the premises are safe from physical hazards. Assistance must be provided to protect the residents. These obligations are not optional, they are mandatory under the Law.
We believe strongly in representing and protecting these citizens in the State of New Jersey. While not every case can be pursued, we are committed to examining them, reviewing them and where merited, aggressively pursuing damages on behalf of the individual and their estate where appropriate.
It is important to note that the statutes allow the shifting of fees and costs to the defendant if there is a successful claim. This helps protect the vulnerable residents since it might otherwise be cost prohibitive to pursue the case. In all cases we take, we will advance the costs and offer to pursue the case on a contingent basis. This means there is no cost to you unless there is a recovery.
If you or a loved one have been been the victim of nursing home negligence or elder abuse in New Jersey, the attorneys at Levinson Axelrod can help protect your rights and assist you in recovering the highest compensation. We help our clients fight back with cases expertly and expediently handled by our team including Certified Civil Trial Attorneys and knowledgeable New Jersey nursing home abuse lawyers. Our reputation for favorable verdicts and settlements for our clients is built on unparalleled compassion, strategy and performance.
The sooner you call, the faster Levinson Axelrod can help you get compensation for medical bills, loss of wages, and pain and suffering.
