Having your loved one admitted to a nursing home is a difficult and painful decision. But nothing is more painful than Nursing Home Neglect and Abuse. Substandard care often results in serious and painful injuries or death. Rossetti & DeVoto, P.C. will uncover the real facts regarding the nursing and medical treatment that your loved one received or failed to receive and will aggressively pursue nursing homes and assisted living facilities that neglect and abuse its residents.
Nursing homes and long-term care facilities that receive federal funds must comply with certain federal regulations and laws. These regulations and laws set out in detail the type and quality of care that residents in these facilities must receive. Due to the many reports of nursing home abuse and neglect that surfaced in the 1980s, Congress enacted legislation that requires nursing homes to comply with standards for the care of their residents. These laws are contained in the Omnibus Budget Reconciliation Act of 1987 (better known as OBRA). New Jersey has adopted OBRA in its entirety and requires its nursing homes to meet the same rigid standards that the federal law requires.
The Act requires nursing homes or long-term care facilities to provide services and care “to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” and this care must be given based on written documentation for each resident, known as an individualized care plan.
There are a variety of reasons why a nursing home resident might receive substandard care and why these residents fall below the nursing home’s radar screen. Here are some examples of frequent injuries sustained by residents in nursing homes:
- Dehydration and Lack of Proper Nutrition
- Physical and Mental Abuse
- Wrongful Death
Rossetti & DeVoto, P.C. has successfully prosecuted cases against nursing homes, assisted living facilities and group homes to hold them accountable for their actions. Nursing Homes are notoriously understaffed which leads to many of the problems. Our investigation will be swift and thorough. We will obtain all of the facilities treatment records including those that are required to be filed with the State. In addition, we will obtain all of the prior State Inspection Reports showing the past history of the nursing home. Once a lawsuit is initiated, we will take statements under oath of the responsible parties including the nursing home administrator, director of nursing, nurses and nurses’ aides. When you hire us, you will get answers.
Here are some things you can do right away:
- Make a note of any witnesses to the incident and get their addresses.
- Find out the name of the roommate that your loved one had at the time and get that person’s address.
- Take photographs of your loved one.
If you have additional questions, please go to our question and answer section on nursing homes for further information or contact us and we would be happy to discuss your case at no obligation.
Here are a few examples of RD’s ability to hold nursing home and assisted living facilities accountable for neglect and abuse:
RECENT SETTLEMENTS IN NURSING HOME CASES
$500,000 Nursing Home Settlement for woman who sustained fractured hip, loss of mobility and bed sores following a fall at a dialysis center. Lou DeVoto handled the case with Michael Ringold, Esquire. The case was mediated by Retired Judge Jack Lintner.
$450,000 for nursing home neglect for an 85 year old who died from the effects of painful bed sores at a local nursing home. Lou DeVoto handled the case. The case was mediated by Retired Judge Neil Shuster.
$400,000 for 78 year old man who suffered from severe injuries at a local Nursing Home caused by pressure sores that developed from a poorly fitted foot brace. Lou DeVoto handled the case. The case was mediated by Retired Judge Anthony Gibson.
$325,000 settlement against an assisted living facility for 87 year old woman who sustained a pelvic fracture after being knocked down inadvertently by a worker. Plaintiff’s contended that the loss of mobility due to the hip fracture resulted in the eventual death. Andy Rossetti represented the family.
$300,000 nursing home settlement for 89 year old whose death was caused by repeated falls at the nursing home resulting in fractured hip, immobility and pneumonia. Lou DeVoto handled the case for RD.
$225,000 settlement for wrongful death of elderly woman neglected by nursing home leading to her accelerated death shortly after she arrived at the facility. Lou DeVoto handled the case for RD
$225,000 medical malpractice settlement against a Rehabilitation Hospital that failed to assist patient causing a fall and a re-fracture of an ankle necessitating another surgery. Lou DeVoto represented RD’s client.
$215,000 against nursing home for our 85 year old client who fell and sustained a hip fracture. Lou DeVoto represented the woman.