Elderly couple walking
Nursing Home Abuse

Nursing home abuse occurs in many forms. However, every case has one thing in common: a loved-one who is treated with less dignity than they deserve. Nursing homes are supposed to embody ideals such as care, dignity, friendliness, homeliness, and professionalism. Unfortunately, as many people have come to know, nursing homes do not always manage their facilities with these ideals in mind. Instead, some nursing homes run their facilities through greed, laziness, neglect, annoyance, and malice. Eric J. Hertz P.C. has set out to change this type of behavior by holding those who profit from this injustice accountable.

Types of Nursing Home Abuse
Pressure Injuries (Bed Sores)
Falls
Malnutrition and Dehydration
Urinary Tract Infections/Failure to change
Assaults
Financial Abuse
Types of Nursing Home Claims

Below is a list of some of the potential claims that can be alleged against a nursing home. It is important to seek out an attorney that is an experienced expert in all of the nuances of these claims. If you have any questions about any of these claims, call us now and one of our attorneys will assist you in understanding these complex issues.

List of potential claims:

  • Gross Negligence
  • Professional Negligence
  • Ordinary Negligence
  • Negligence Per Se
  • Intentional Conduct- I.E. Rape and Assault
  • Fraud
  • Negligent Hiring and Retention
  • Breach of Contract
  • Violation of GA Elderly Bill of Rights
  • Wrongful Death
  • Punitive Damages
Nursing Standard of Care

Nurses have to follow professional standards of care when caring for their residents. Many of the requirements that nursing homes must comply with are set out by statutes or by regulatory agencies. Understanding the requirements of the Nursing Standard of Care is an essential part of bringing an action against a nursing home. The attorneys at Eric J. Hertz P.C. are highly familiar with these standards of care and have access to many nursing experts. If you want to learn more about how the Nursing Standard of Care affects your case, one of the lawyers at Eric J. Hertz P.C. will guide you through it.

What Can I Do If My Loved-One is Being Abused?

The best thing to do if you suspect that your loved-one is suffering from or has suffered from Nursing Home Abuse is to contact a qualified and high-profile attorney who is experienced with handling Nursing Home Abuse claims. The attorneys at Eric J. Hertz P.C. have spent years fighting for the rights of the elderly and nursing home residents. Our attorneys can talk with you about:

  • How to file complaints to the government
  • How to switch nursing homes
  • The best way to care for your loved-one
  • How to bring a civil claim against a nursing home
  • How to order medical records
  • Et cetera
How Do I Switch Nursing Homes?

Switching nursing homes can be a big change not only for the resident, but also for the resident’s families. It can also be hard for many people to understand because of the complicated contracts and laws surrounding things like power of attorney. If you need help switching nursing homes because you believe there is abuse occurring, then call the lawyers at Eric J. Hertz P.C. and we will guide you through this difficult process.

When Do I Need to File Suit?

Almost every claim in the law has something called a Statute of Limitations (Sol). A Statute of Limitations gives people a timeframe to bring a suit against a wrongdoer. After that time period has expired, the injured person or their representative is no longer allowed to bring a suit. The law on Statute of Limitations can be different in Nursing Home Abuse claims than it is in more traditional negligence claims. Call the attorneys at Eric J. Hertz P.C. if you have any questions about the Statute of Limitations on your case.

What If My Loved-one Died From Abuse?

If your loved-one dies from Nursing Home Abuse, you may be entitled to recover for the loss of their life under the Wrongful Death Act. The Wrongful Death Act was enacted to help compensate family members for the loss of a loved-one. The attorneys at Eric J. Hertz P.C. are experienced with the nuances of the Wrongful Death Act and have been helping people recover under it for decades.

Why do I feel Guilty?

Many people feel guilty after their loved-one died in a nursing home. However, this guilt is often misplaced, and those people are often suffering from something called survivor’s guilt. Survivor’s guilt occurs when a person feels guilty after a loved-one dies, but they did not do anything wrong to deserve the guilt. It is a common occurrence in nursing home cases. If you have any questions about survivor’s guilt in your case call the compassionate attorneys at Eric J. Hertz P.C.

Verdicts & Settlements
Verdicts

An example of a recent verdict that Eric J. Hertz, P.C. obtained for their client

An example of a recent verdict that Eric J. Hertz, P.C. obtained for their client

2019 Jury-Trial Verdict

Assisted-living facility / hospice-care negligence jury trial in Cobb County involving resident whose arm was broken during transfer. Resident did not receive proper medical treatment in days following her injury and incurred medical bills totaling $3,729.60 (Three Thousand Seven Hundred Twenty Nine Dollars and Sixty Cents). Due to loss of resident’s dignity in her final days, the jury awarded verdict in the amount of $1,000,000.00 (One Million Dollars) to resident’s family.

Settlements

Examples of the many Confidential Settlements that Eric J. Hertz, P.C. obtained for their clients

Confidential Pre-Suit Settlements

Nursing-home negligence case involving resident who fell from wheelchair resulting in fractured hip that required hip replacement.

Nursing-home negligence case involving resident who fell numerous times resulting in hip fracture requiring hip replacement.

Nursing-home negligence / wrongful-death case involving nursing home resident who developed pressure ulcers (bedsores) due to nursing home’s failure to turn and reposition resident or otherwise prevent and treat pressure ulcers.

Nursing-home negligence case involving resident who broke hip after nursing home failed to take proper fall precautions.

Nursing-home negligence / wrongful-death case involving resident whose pressure ulcers (bedsores) were not given proper treatment leading to sepsis and death.

Home-healthcare negligence case involving resident with traumatic brain injury (TBI) who sustained third-degree burns because aid left resident in bath unattended.

Nursing-home negligence / wrongful-death case involving resident whose numerous falls ultimately resulted in fractured hip. Resident was not sent to ER after final fall resulting in the resident’s death.

Confidential Settlements

Nursing-home negligence / wrongful-death case involving paraplegic resident who developed worsening pressure ulcers (bedsores) due to facility’s failure to properly assess and treat the pressure ulcers resulting in death.

Nursing-home negligence / wrongful-death case involving resident who suffered change in mental status and but delayed in getting treatment resulting in cerebrovascular accident (CVA or stroke) that caused resident’s death.

Nursing-home negligence / wrongful-death case involving resident who fell and suffered head injury resulting in death.

Nursing-home negligence case involving resident whose grooming and hygiene needs went unmet resulting in sepsis from untreated urinary-tract infection (UTI) that required hospitalization.

Nursing-home negligence / wrongful-death case involving resident who required rehabilitation after brain surgery. Resident was known fall risk and suffered multiple falls resulting in massive brain bleed that led to resident’s death.

Nursing-home negligence / wrongful-death case involving resident who was not properly assessed for fall risk. Resident suffered multiple falls resulting repeated head and facial trauma.

Nursing-home negligence / wrongful-death case involving resident whose Foley catheter was not deflated properly when changed resulting in injury to urethra. Resident developed urinary-tract infection (UTI) that went untreated resulting in sepsis and death.

Nursing-Home Negligence/Wrongful Death case involving resident with cardiac history who complained of heartburn. Nursing home failed to assess resident in timely manner leading to cardiac arrest and death.

Nursing-Home Negligence/Wrongful Death case involving resident who had known history of falls. Nursing home failed to implement appropriate care plan, resulting in additional fall and fractured hip that led to death.

Nursing-home negligence / wrongful-death case involving resident who fell resulting in rib fractures and death due to nursing home’s poor care planning and failure to report mental status changes to medical doctor.

Nursing-home negligence / wrongful-death case involving resident who had prior history of stroke and blood clots. Resident developed pressure ulcers (bedsores) in multiple areas which became infected due to facility’s failure to assess resident and delay in treating pressure ulcers. Facility did not properly notify outside hospital of resident’s reaction to blood thinner leading to internal bleeding and death.

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