Apart from any particular promise or need, the central mission of a nursing home is to protect its residents, to keep them free from abuse and want. However, at alarming rates, they are failing that mission. Residents routinely face and suffer the consequences of mental, physical, sexual, emotional, and financial abuse. When they do, we can help.
Our New Jersey nursing home abuse attorneys have protected the rights of countless nursing home residents and can make sure your story is not forgotten or silenced. To show you the face of this problem, we have summarized some New Jersey nursing home abuse cases right here for your review:
New Jersey nursing home abuse case. In every nursing home in every state, facility staff have the capacity to fundamentally alter and disrupt the lives and wellbeing of those who reside in its walls. This case is a reminder of that as much as any other.
The circumstances of the woman’s injuries were neglect or mismanagement but it generally falls under the umbrella of abuse because her rights were deprived in such a complete manner. She was seventy-six at the time of the events. Her stay at the facility in question was just over one year.
There was a whole litany of errors that occurred and that led to her harms but here are some of the most pertinent ones: she did not receive her medications as required by her doctors’ instructions; she did not receive proper nourishment or hydrations; and she was not properly rotated to avoid sores and injuries.
All of these errors and omissions had a profound effect on her. She required specialized and emergency medical attention, rehabilitation, and prescriptions. Plus, she expected to endure long-term pain and discomfort because of the series of events. To recover for these costs and harms, she sued the nursing home for malpractice.
She claimed it was deficient in its care and supervision of her and cited the mistakes above as proof of that claim. The defendant argued in another direction. It maintained that her problems were pre-existing and that it did nothing to further her injury. Yet, not seeking solace in court, it preferred the quiet waters of the settlement room. She received $200,000 which were to be used for the following damages:
New Jersey nursing home abuse case. This lawsuit illustrates the murky waters that plaintiffs and lawyers operate within when the victims have diminished mental capacities. This makes nailing down a storyline, obtaining evidence, and gathering witnesses extraordinarily difficult.
These tasks were made no easier in this dispute. The nursing home resident and victim was in her late eighties. Prior to the events that gave rise to this cause of action, she suffered from multiple physical and mental handicaps. At some point, her condition deteriorated so much that she needed to seek advanced care.
While residing in the nearby hospital, physicians confirmed that she had experienced a substantial amount of malnutrition, dehydration, and insufficient medical attention while at the previous nursing home.
Lawyers for the woman used these findings as the basis for a lawsuit against the nursing home grounded in negligence and seeking compensation for damages. The nursing home shifted the blame to the woman’s age and prior infirmities but could not deny or explain its own failures. Therefore, shortly before the onset of trial, both sides found room to compromise.
Here’s why $150,000 might have seemed appropriate to them:
New Jersey nursing home abuse case. Some of the specific elements of this lawsuit were hard to pick up because of the private and early settlement. However, we can gather the broad strokes of this dynamic case. The victim was a male resident of elder years. He was limited in movement but did not face any other sizeable or critical conditions. He needed some medication but not much.
Therefore, it was not controversial to suggest that he was a resident with simple needs. Yet, even these could not be met by the nursing home staff. It became apparent that he was not given enough attention or resources to maintain a healthy condition.
The rapid descent into poor health warranted emergency medical attention and follow-up care and medication. It came at no small cost or pain. Plus, he faced ongoing problems after this series of events. He brought suit against the nursing home for these events and the injuries and expenses they created in his life.
He contended that its poor care caused these harms and sought reimbursement. Both sides worked out an agreement to end the matter for $250,000 which can be explained by the following points:
New Jersey nursing home abuse case. This lawsuit started off as a dispute between two nursing home residents but the facility was eventually dragged into the affair as well. Therefore, it adequately highlights the dangers that residents face as well as the liability that homes carry while carrying for their clients. What exactly happened?
A woman was sleeping in her room when another resident came in and assaulted her. The motive for the attack was unclear- he was experiencing mental difficulties at the time-but the consequences were quite clear: broken bones; scars; and significant pain. She needed to be taken to a hospital and undergo substantial time in recovery.
After that rehabilitation was completed, she filed a suit against the man that assaulted her and the facility where the events took place. The claim against the man was obvious-intentional torts such as battery-but the charges against the nursing home were more complicated. Her complaint made the case that it breached its duty to care for her by failing to protect her from the aggressor.
Unsurprisingly, the nursing home disagreed. It returned that the man’s extraordinary acts could not be foreseeable and that as such it had no duty to prevent them. If the woman had any grievances, then she should satisfy them from the man and not it.
Yet, this case was moving to trial and it eventually weighed the known costs of settlement versus the unexpected costs of court. Finally, it chose the former and she received $300,000.
Here is what each of the defendants contributed:
New Jersey nursing home abuse case. Fights take place in nursing homes all the time, in New Jersey or any other state for that matter, but not many are as serious and costly as the one that transpired here. The participants were two residents that had been living in care facilities for a long time before this event.
Therefore, the nursing home had a long record of treating them and should have understood what they were dealing with. Unfortunately, it appears that it did not. Both of the men were in their elderly years and suffering complications related to dementia.
One of the gentlemen had a history of unruly and aggressive behavior but the other one did not. The confrontation took place just outside of the eating area after breakfast one morning. The two got into an argument which escalated into a physical altercation rather quickly.
Before nursing home staff could break up the fight, they each were on the floor and in significant pain. They were taken to the hospital nearby so that doctors could evaluate their situation. However, it quickly became apparent that they were seriously injured and among the most significant injuries were concussions and broken bones.
They sued each other and the nursing home. Yet, before this complicated legal matter could get to court, they decided to short-circuit the matter and go into settlement. The nursing home paid each of them $200,000 for its inability to provide a safe and stable environment despite its protestations that they were each contributorily negligent.
New Jersey nursing home abuse case. This matter was provocative from the get go because of the persons involved. The alleged aggressor was one of the nursing home’s own staff members. The victim was an elderly woman. She was in her bed when he apparently jumped upon her and assaulted her.
In documents later filed in court, her attorneys alleged physical, sexual, and other various kinds of abuse. Also, the lawsuit contended that this attack precipitated a downward spiral in her health that eventually ended in death.
They believed the nursing home itself was responsible despite this intentional attack by the employee because of its complete lack of supervisory controls. Normally, intentional torts are not imputed back to an employer; however, the plaintiffs argued that this should be the exception to the rule because of the egregiousness of the conduct.
The defendant nursing home denied this point and instead argued that like other cases only the employee should be in trouble. However, after a certain amount of back and forth prior to and just before the start of trial, it was convinced to settle and the woman’s estate received $500,000 for wrongful death and other damages.
Once you have carefully reviewed the case summaries above regarding abuse in New Jersey nursing homes, consider the following takeaways to better understand this field of litigation:
We know how to make these facilities and the companies that work with them pay their fair share. If someone harmed you while you were at one, then give us a call. We will put our team to work and make sure your recovery is not jeopardized.
Contact our offices now and hear about how we can help!
If you would like to learn more about nursing home cases in New Jersey, please read the following pages:
Attorney Deborah Gough
Licensed in New Jersey
Newark Nursing Home Injury Lawyer Nursing Home Law Center LLC Home