At the Mininno Law Office, we know from experience that it can be a difficult for a family to decide whether or not to investigate if a nursing home should be held responsible for injuries to a loved one. Furthermore, it can be quite disheartening at a later time when the law firm a family finally trusted to perform an investigation sends a letter indicating their disinterest. Based upon the experience of New Jersey nursing home abuse attorney Donald Browne, experienced personal injury attorneys and their law firms commonly reject claims of nursing home abuse that do have merit. Nursing home abuse and neglect cases have different characteristics and dynamics than other claims for personal injuries. Law firms either don’t understand how to analyze these cases, or decide they are too complicated to justify all of the necessary work and expense. However, an experienced nursing home abuse attorney like Donald Browne of the Mininno Law Office eagerly accepts the challenge.
Nursing Home Abuse Claims and the Statute of Limitations
A statute of limitations is a legal deadline by which a lawsuit must be filed. If a lawsuit is not filed by this deadline, an otherwise valid claim could be dismissed by the court. The statute for personal injury is generally two years from the date you knew, or should have known, that the nursing home’s conduct caused an injury. It can be a shorter or longer time period, depending upon what type of case you are pursuing, and in which court you are pursuing it.
Another issue with the statute is the “discovery rule.” Although it may be easy to figure out when it begins for an auto accident because the actual crash happened on a date that is easily identifiable, it is not always as easy to identify when it would begin and end for a nursing home abuse or neglect case. This is true because often times it is not one event that creates liability against a nursing home, but rather a series of mistakes that result in serious injuries to your loved one. Since the statue of limitations in any particular case is so fact specific, the best advice for any individual or family considering a lawsuit is to immediately contact a nursing home abuse attorney. After listening to the facts, the attorney should be able to advise as to the likelihood of a valid case, and when the statute would expire.
Nursing Home Abuse Attorney; Why Act Quickly?
Without specifically reviewing and analyzing the facts of your case, it is impossible to determine when the statue of limitations would expire. However, regardless of when the deadline to file a lawsuit may be, if you feel your family may have a lawsuit against a nursing home, you should contact Donald Browne immediately. There is a tremendous amount of information that needs to be collected, and the old adage “the sooner the better” certainly applies!
One example of important evidence that needs to be immediately collected in support of nursing home abuse and neglect case – photographs. Photographs are very important and should be taken immediately.
The earlier your family calls Donald Browne, the earlier your family and the Mininno Law Office can begin to work together and devise a plan to obtain all of the necessary information needed to start building your case. The only mistake your family can make is waiting too long to call and ask.
Nursing Home Abuse Attorneys in New Jersey and Philadelphia
If you or a loved one have suffered at the hands of negligent or abusive staff members at a nursing home or long term care facility, contact the Mininno Law Office for a free case evaluation. Donald Browne is an experienced and hard working nursing home abuse attorney prepared to help you earn the compensation you and your loved one are entitled to. You may also call for a free consultation at 856-833-0600 in New Jersey or 215-567-2380 in Philadelphia.
As far back as 1987, the United States Senate Special Committee on Aging held hearings to determine the scope of abuse that was occurring in nursing homes. The federal government deemed the nature and extent of the abuse occurring in nursing homes to be such a serious concern that at the same time, the United States Office of Inspector General further began an investigation designed to uncover whether or not nursing home abuse was widespread throughout this country’s long term care system. As a result of the Senate and the Inspector General’s investigations, Congress then enacted in the Ombudsman’s Reconciliation Act of 1987, or OBRA .
A Kentucky jury awarded $42.75 million to a family who claimed that 
After calling an attorney, the next step is often to obtain the medical records. It is often best for the family to initially request the medical records without the help of an attorney. This ensures less of a chance the nursing home would remove documents from the chart, or even re-write them. In order to request a resident’s medical records, you need to have authority to do so. What gives you that authority?
Nursing homes frequently allow their residents (our loved ones) to acquire decubitus ulcers, which are more commonly referred to as pressure sores or bedsores. These horrible pressure ulcers are often a result of nursing home neglect regarding the care they provide and preventative methods they employ. High risk bedsore patients (patients who are bedridden) are to be rotated every two hours. Failing to do so is failing to appreciate the risk of skin breakdown for the resident, allowing for the actual development of the bedsores. Even worse, negligent nursing homes that allow for the development of these bedsores commonly fail to properly treat them. It is in these instances that pressure ulcers can become deadly. 
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A New York nursing home finds itself in the midst of 
The resident was a 58 year-old man from Kern County. He had a history of aggression and outbursts, and was particularly difficult with staff members on June 23, 2009. Brown Manor Policy states that residents displaying agression should be monitored for at least 72 hours, or until their disposition is relaxed. This monitoring and extra supervision did not happen, however, and a few days later, the 58 year old man fell out of his wheelchair, sustaining injuries to his brain and spine.