Frequently Asked Questions
Nursing Home Attorneys
Pennsylvania / New Jersey / California
Below are some frequently asked questions we receive about nursing home abuse and neglect occurring in Pennsylvania, New Jersey, and California the role of a nursing home attorney, attorney representation, nursing home litigation, settlements and trials. If your question does not appear below or is not satisfactorily answered, please contact us.
What is nursing home neglect?
Nursing homes are charged with the duty of providing nursing home residents the care necessary to maintain the resident’s "physical, mental and psychosocial well being." Naturally as an elderly nursing home resident ages these three health components will deteriorate. This is inevitable. However, a nursing home facility, according to Pennsylvania, New Jersey, and California law, must not deprive a nursing home resident of the care necessary to attain their optimum health. If the nursing home does, you should consider contacting a nursing home attorney.
Nursing home neglect can come in many forms. Sometimes it may be obvious such as an unexplained fracture. Other times it is not, such as when a nursing home resident with many co-morbidities begins losing weight or becomes dehydrated. Determining whether neglect has occurred usually takes a detailed investigation by a nursing home attorney. However, there are signs that you can observe which make it easier to detect nursing home neglect. Learn more about the signs of nursing home neglect.
What is nursing home abuse?
Nursing home abuse is the intentional deprivation, through action or inaction, of certain basic rights of nursing home residents. An experienced nursing home attorney will tell you nursing home residents can be abused a number of different ways. Some common forms of nursing home abuse include: physical abuse, psychological abuse, financial abuse, and sexual abuse. Each kind of nursing home abuse is different and each has its own signs and symptoms. Review a list of nursing home abuses found by nursing home attorneys with a general description and typical symptoms.
What can I do if I suspect nursing home abuse or neglect?
If you suspect nursing home abuse or neglect contact an experienced nursing home attorney. A nursing home attorney will know where to go and what to ask when determining if nursing home abuse or neglect has occurred. He or she will likely instruct you to immediately report your suspicions to the nursing home administrator. In addition, you should also contact your state’s Ombudsman's Office. Pennsylvania, New Jersey, and California as well as all other states, provide officials through this office to investigate allegations of nursing home abuse or neglect. All Pennsylvania, New Jersey, and California nursing homes are required to have their state's Ombudsman's Office contact information readily available. Ask your administrator for it.
Registering a complaint of nursing home abuse or neglect with the Ombudsman's Office will automatically triggers the state investigation into the allegations. Although the state is investigating your claim, you will want to keep in contact with a nursing home attorney. Your questions about possible nursing home abuse or neglect may not be answered to your satisfaction by a nursing home administrator or state investigation. An experienced nursing home attorney has a specialized knowledge regarding law surrounding nursing home abuse and neglect and possesses the skill set to know where to look and with whom to speak in order to conduct a thorough investigation into your suspicions.
Will I subject my elderly loved one to more nursing home abuse or neglect if I complain?
Nursing home attorneys commonly hear this concern. And, despite your understandable fear, it is almost always suggested that you voice your complaints. Direct your complaints to the nursing home administrator. At the same time, be sure to express your concerns about fear of retribution. You may also want to ask the nursing home administrator for the Pennsylvania, New Jersey, and California Ombudsman’s Office contact information. You can then call them and register a complaint with the state. These steps will likely put attention on your elderly loved one. You may very well see improvement. Although, it is common to see continued nursing home abuse or neglect, it is rare that such abuse and neglect is in retribution for raising concerns or complaints.
What can a nursing home attorney do for me?
A nursing home attorney can get answers to your questions. An experienced nursing home attorney has handled nursing home abuse and neglect claims day-in and day-out for years. As a result of this extensive experience a nursing home attorney possesses a specialized skill set that enables him or her to thoroughly investigate all allegations of nursing home abuse or neglect.
Nursing home abuse and neglect litigation is very challenging process. It generally involves complex medical charts, volumes of business records and extensive depositions of many fact witnesses. Additionally, the defendant is often evasive and will at times deliberately attempt to block any investigation into its facility. A skilled nursing home attorney knows precisely where to look and with whom to speak. He or she is able to effectively and efficiently identify, obtain, and utilize the evidence that is necessary to prove their client's case.
In short, an experienced nursing home attorney has seen and heard it all. Not only is he or she familiar with the array of nursing home abuse and neglect allegations, a nursing home attorney is also well versed in the types of excuses and defenses nursing homes make in response to such allegations. Nursing home attorneys know the documents to seek, the witnesses to obtain, and the arguments to make to effectively advocate for their clients.
How much will it cost to litigate a nursing home case?
Our nursing home attorneys work on a contingency fee basis in both Pennsylvania, New Jersey, and California. That means the attorneys do not get paid unless and until you get paid. If the case were to go to trial and you lost, our nursing home attorneys pick up all costs and you would owe nothing.
All money needed to file a lawsuit and litigate the matter is paid for by our nursing home attorneys. Once a case has settled the litigation costs covered by the nursing home attorney is subtracted from the gross settlement amount. From that reduced net amount an attorneys' fee is subtracted. The remaining money is the client’s net settlement amount (less any liens or other debt that may attach). All information regarding the contingency fee arrangement are detailed in an attorney-client contract.
How long does it take to litigate a nursing home case?
There are many variables that make this a difficult question to answer. Generally speaking, once a complaint is filed, a nursing home case will be litigated for two to three years. After it is litigated the case is then scheduled for trial. However, because of scheduling conflicts and court docket limitations, it is not unusual in Pennsylvania, New Jersey, or California to wait another year before going to trial. Once at trial, a nursing home case usually takes about two weeks.
Upon signing up a case, our nursing home attorneys begin preparing it as if it were going to trial. But, for one reason or another, it may be more advantageous for a client to pursue a settlement. Parties can settle a case at any point. Our nursing home attorneys routinely help clients settle cases without ever having to file suit. The decision if and when to settle a case is solely the discretion of the client and it should be carefully considered. Our nursing home attorneys take the time to explain to their clients every advantage and possible disadvantages to settlement before any decision is made.
How long do I have to file a lawsuit against a nursing home for abuse or neglect?
In the states of Pennsylvania, New Jersey, and California a lawsuit for personal injury must be filed within 2 years of the date of the injury. If a lawsuit is not filed within two years of the date of the injury, plaintiff is forever barred from bringing the action. Accordingly, it is imperative that you contact a nursing home attorney at your very earliest opportunity to explore the possibility of bringing a lawsuit. A nursing home attorney will need time to review and evaluate your case to determine if it has merit.
Do you offer free consultations?
Yes. The Nursing Home Attorneys offers, free of charge, the opportunity for you to get your questions answered. Contact The Nursing Home Attorneys for a free evaluation of any and all suspicions you have about potential nursing home abuse or neglect.
If my loved one has passed away can I file a lawsuit on his or her behalf?
Yes. Most of the lawsuits handled by our nursing home attorneys are brought by family members who are fighting for the rights of their deceased loved one. If the decedent has a written will then the executor or executrix will bring the action on behalf of their loved one’s estate. If the decedent passed away without a will, the family will need to chose one individual as the estate’s administrator or administratrix. Proper paper work will need to be completed with your state's Surrogate’s Office. Our nursing home attorneys can help guide you through the process.
How do I find a good nursing home?
If you are considering placing a loved one in a nursing home, the first thing any experienced nursing home attorney will tell you is to visit your state's Department of Health and Senior Services (DHSS) website. There you will find the DHSS nursing home report cards which include a five star ranking system for every nursing home in the states of Pennsylvania, New Jersey, or California. The DHSS long term care facility report cards are based on the results of annual on-site surveys conducted at each facility.
Once you have found a nursing home that you believe will provide quality care, do not stop there. Go to the nursing home web site and read about the facility. Also, do an Internet search on the facility to see if it has received any negative press. Then visit the nursing home and meet with its administrator. Inquire about the staffing levels and turnover rates. While you are at the facility make some observations:
- Do the residents appear to be well taken care of?
- Is the building well maintained?
- Do the residents appear active?
- Is the staff respectful to the residents?
- What do staff members think of their work?
- Ask the residents and their loved ones if they like the nursing home.
The more time you take and the more questions you ask the better your chance of developing an accurate assessment of the facility.
Does The Nursing Home Attorneys handle assisted living facility abuse and neglect?
Yes. Our nursing home attorneys are well versed in the law pertaining to both types of facilities. Although, the law governing proper care at an assisted living facility is somewhat different than that of a nursing home, the facts and allegations are usually very similar. Our nursing home attorneys represent residents of assisted living facilities in both Pennsylvania, New Jersey, and California.
Where can I find out more about nursing home abuse and neglect?
There are a many places you find out more information on nursing home abuse and neglect. The first website any New Jersey nursing home attorney would recommend is the New Jersey Department of Health and Senior Services. Similarly in Pennsylvania and California, you will want to review their Department of Health and Senior Services websites. There you will find the DHSS nursing home report cards which include a five star ranking system for every nursing home in the states of Pennsylvania, New Jersey, and California.The DHSS long term care facility report cards are based on the results of annual on-site surveys conducted at each facility.
Other helpful resources include:
In which states do you practice?
Our nursing home attorneys practice in Southeastern Pennsylvania including Philadelphia County, Montgomery County, and Bucks County. Southern California including Los Angeles County, Riverside County, San Bernadino County, Ventura County, Orange County, Santa Barbara County, and San Diego County. Our nursing home attorneys also practice throughout the state of New Jersey including all the major cities: Newark, Trenton, Princeton, Hackensack, Jersey City, Paterson, New Brunswick, and Camden as well as all counties from Sussex to Cape May.
How do I get started?
Contact The Nursing Home Attorneys for a free consultation. We will take the time to explain the step-by-step process and answer any questions you have.
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