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Holding a nursing home responsible for medical malpractice

Every day in New Jersey, elderly residents and their families consider long-term care options such as nursing homes and assisted living centers when an elderly family member is no longer able to live on his or her own. Most people spend a considerable amount of time choosing a place where everyone feels confident that their family member will be well taken care of and treated with respect. However, that does not always happen, and can lead to a case of nursing home medical malpractice.

When a case of abuse or neglect comes to light, three types of proceedings may be initiated. The first is a criminal proceeding to hold the perpetrators accountable. Secondly, adult protective services will often come in and conduct an investigation prevent the victim from being harmed any further. The third is a civil action filed by the elderly resident or his or her family in the case of death seeking damages allowed under New Jersey law.

In civil actions, employers are often held responsible for the actions of their employees and/or separately liable as well. If it is proven that an employee and/or the nursing home itself breached a duty to care for the home's residents or was somehow negligent, the court may consider awarding damages to the injured party or his or her family in the case of death. The damages awarded may be both monetary and non-monetary.

Each case is different, and the details provided in this article are only an outline of how a nursing home medical malpractice case may proceed. Anyone in Texas finding that they need to file such a claim would benefit from contacting someone who can take the details of your case and offer suggestions as to how to proceed. When a trust is broken, and your loved one is injured or killed, the party or parties involved need to be held responsible.

Source: FindLaw, "Nursing Home Abuse Claims", , Aug. 25, 2014

Source: FindLaw, "Nursing Home Abuse Claims", , Aug. 25, 2014

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