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Statute of limitations for a nursing home malpractice lawsuit

On Behalf of | Aug 11, 2022 | Medical Malpractice |

New Jersey residents expect their loved ones who are in nursing homes to be well cared for and protected. If there is evidence that negligence occurred and harmed your loved one, you have a right to file a malpractice lawsuit on their behalf.

What is the statute of limitations for filing a malpractice lawsuit stemming from nursing home negligence?

Regardless of the specific situation that involves your elderly loved one in a nursing home, if they have suffered harm due to negligence on the part of the facility, you have a right to file a malpractice lawsuit. If your loved one suffered an injury or illness directly related to the negligence, you must file the lawsuit within the statute of limitations. In New Jersey, that statute of limitations is two years from the date of the injury or illness being discovered.

What is nursing home negligence?

Nursing home negligence can occur in two ways: nursing home abuse or neglect. When a nursing home resident suffers abuse at the hands of a staff member, the facility could be held liable if it failed to properly screen applicants to ensure that they were safe to hire. If an employee of the nursing home deliberately inflicts harm on residents, the victim’s family can hold it liable for improper hiring practices with a malpractice lawsuit.

Nursing home neglect may not be intentional, but it can still leave vulnerable elderly residents suffering serious harm. If the nursing home is understaffed and a resident is left alone for hours without getting the care they are due, the facility can be held legally accountable. This type of negligence involves negligent supervision.

Other ways that a nursing home could be found guilty of negligence is if the facility fails to maintain appropriate health and safety standards or fails to provide the type of medical care a resident needs. Rooms and common areas must be kept clean and safe, or residents could become ill or suffer an accident and injuries.

There must be evidence that a nursing home resident was injured in order to file a malpractice lawsuit for nursing home negligence. Any of these situations warrant filing a claim against the facility to hold it liable for the harm your loved one suffered.

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