What Brings You To The Nursing Home? The Answers May Surprise You?

Unknown to many, there are people in nursing homes that require skilled nursing care for reasons aside from old-age and de-conditioning.  A substantial number of nursing home patients require short-term and long-term care due to various types of personal injuries and conditions related to negligence of others.

why_nursing_homeIn some circumstances, we have successfully prosecuted many ancillary cases despite the fact that we may have been initially contacted to investigate a situation involving nursing home abuse or neglect. Below is a sampling of the personal injury matters we have prosecuted on behalf of nursing home patients.

Medical Malpractice:

Errors made by physicians and hospital staff can permanently cripple and similarly cause complications that require ongoing care.  In addition to general negligence on behalf of a physician, medical malpractice may encompass: surgical errors, pharmacy errors, hospital mistakes and nursing negligence.

Automobile / Trucking Accidents:

Despite strides in automobile design safety, automobile accidents continue to be a major source of serious personal injury– particularly amongst the younger population.  Drivers, passengers and pedestrians involved in automobile accidents remain susceptible to orthopedic and neurological injuries.

Industrial Accidents:

Hard working men and woman are injured on the job everyday. A sizable contingent of working people may suffer a significant injury due to a fall, electrical shock or due to the negligence of another worker on the job site.  Some of these situations result in serious injuries such as: brain injuries, burn injuries and paralysis.  Industrial accidents may give rise to a lawsuit under a theory of general negligence or may be maintained under a law specific to the industry such as: FELA, workers compensation, Jones Act or Federal Tort Claims Act.

Asbestos Exposure:

Some nursing home patients require specialized breathing treatments due to a condition called Mesothelioma. Mesothelioma is a unique type of cancer in the lining of the lungs that is almost exclusively found in people who have been exposed to asbestos.  Many cases of Mesothelioma are not diagnosed for decades after the exposure period.  Many laborers in the following industries are frequently diagnosed with Mesothelioma: automobile industry, steelworkers, ship builders and insulation to name a few.

Products Liability:

Unsafe products continue to make their way into our homes and workplace.  In some circumstances the manufacturer is aware of how they can improve the safety of the product, yet they are hesitant to due to because of the increased cost.  In some cases where a manufacturer is negligent in the design, manufacture or in providing warnings related to product usage and a person is seriously injured all medical expenses– including nursing home case can be recovered as part of the claim.

Do you have a viable case against another party?

While not every accident-related matter may be compensable, it is important to contact a personal injury lawyer as soon after an incident as feasible.  Many cases must be filed within a specific statute of limitations that varies according to jurisdiction.  However, in the cases of a disabled person, the statute of limitations can be extended beyond the ‘normal’ statuary period to allow a lawsuit even after the time for filing a case has expired.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric