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Thursday, January 23, 2014

Nursing Home Negligence: What You Need to Know

By: Peter J. Lamont, Esq. 
New Jersey Business and Personal Law Attorney 
Law Offices of Peter J. Lamont 

 The decision to place your loved one in a nursing home is never an easy one. While you may be unable to care for your parent, sibling or other family member, you want your loved one to be taken care of properly by the nursing home or care facility. You do not want to worry about their safety when you are not with them.

 If you are like most people, you researched the facilities and selected the one that you believe is best and safest for your family member. Unfortunately, nursing home negligence is on the rise. Here is what you need to know to keep your loved one safe.

What Is Nursing Home Negligence? 
Nursing home negligence occurs when the nursing home does not protect or care for your loved one in a reasonable manner. Nursing home staff and employees have a responsibility to provide supervision and assistance necessary to prevent injury. Nursing homes likewise have the duty to provide training and proper staffing to ensure that their residents don’t injure themselves.

How Do I Prove a Negligence Case? 
You need to show that the nursing home had a duty to exercise reasonable care, that it failed to do so, that your loved one was injured and that the nursing home’s failure to exercise reasonable case was the cause of your loved one’s injury.

Examples of Nursing Home Negligence 
Negligence on the part of the staff can result in slip and fall accidents, malnutrition, bedsores, lost residents, and many other injuries or maladies. It comes as no surprise that elderly persons are especially frail, and injuries such as fractures can be extremely difficult to recover from and can sometimes even lead to death.

Common Causes of Nursing Home Negligence 
• Inattentive staff
• Undertrained staff
• Understaffed nursing home
• Slippery floors
• Unsafe or defective premises or furnishings
• Unlocked bed rails or wheels
• Improper placement of bedside equipment

If a nursing home fails to use the reasonable care required of it, and that failure results in injury to your loved one, you have grounds to file a lawsuit. _________________________________________________________________________________
If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you. Offices in: New Jersey New York, Colorado & Puerto Rico. Affiliated offices throughout the country.

 © 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.
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