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At Charney and Roberts, we provide the wider Linden community with a wide range of personal injury legal services that includes nursing home abuse and negligence claims. Our highly experienced attorneys will pursue your claim with diligence and dedication and we never take a cent in fees unless we win your case for you.
Nobody expects that a nursing home anywhere inNew Jerseycould ever be a place where elderly people are subjected to ridicule and abuse as well as physical harm in some instances. Thankfully most of them are not, but unfortunately nursing homes are places where elders can be subjected to abuse by people who are supposed to be caring for them.
If you feel at the nursing home that one of your loved ones is a resident at is being affected by negligence or even physical or mental abuse, then you should contact one of our experienced nursing home negligence attorneys here at Charney and Roberts. We will work on your behalf to uncover the real situation and make a claim if the negligence can be proven.
All nursing homes must have a license to operate. This license is controlled by a number of different state and federal rules regarding the manner in which the nursing home operates and the standard of care that is employed.
States have their own staff that are trained and paid to pay regular visits to nursing homes to check whether there is anything going on which is of concern. This should happen automatically when a complaint or inquiry is made by a relative of somebody who is resident at a home and negligence or abuse is suspected.
Not all state agencies respond immediately to these sorts of concerns, especially when they are made by individual relatives. This is one area where an experienced and sympathetic attorney can make a difference as they are able to put pressure on the authorities to make a spot check on the home. This is supposed to be an unannounced visit which may or may not reveal the real situation.
Successful claims for negligence by attorneys such as ourselves serve a dual purpose. They help to alleviate the concern of the relative who has voiced concern and subsequently makes a claim against the staff, management or owners of the nursing home. They also serve as a warning to other homes that standards have to be met if they wish to stay open.
One of the realities of life in one of these homes is that elders may become reluctant to complain or speak up even if they are suffering from neglect or abuse. This is because they may be frail or confused and dependent on the home for food and security.
Nursing home negligence can result from one or more causes. The owners may be careless about the sort of staff they employ and not screen them properly before being taken on. The management is especially important, as a well organized manager or management team should be on top of potential neglect or abuse issues and put a stop to them before they can harm one of the residents at the home.
If a claim is made against a nursing home or a member of staff in the home, then the owners of the home if privately ran, may also be held responsible. Proof of liability, as with many instances of personal injury, must be proved. This means that the person or people at the home who have been acting negligently or displaying abuse to your relative must be proved to have done so and that this abuse or neglect has actually affected the resident concerned.
If a claim is successful, then the home could be in danger of losing its license to operate as well as lose any government funding from the state or from the federal government that it might have had.