Marc Brotman, a trial attorney in the firm’s Personal Injury department, recently settled a negligence and abuse case against a New Jersey nursing home for $275,000. The case involved head and hip injuries to a nursing home resident who was found on the floor following a fall. Mr. Brotman argued that the nursing home failed to implement reasonable fall prevention and mitigation measures in accordance with the resident’s high fall risk. The complex liability issues presented by the case, compounded by the fact that no one saw the resident fall presented challenges for Mr. Brotman but he prevailed, defeating two motions for summary judgment filed by the defense.
“Prosecuting nursing home negligence cases requires knowledge of what records to obtain through the discovery process and how to analyze them,” noted Mr. Brotman. Through careful analysis, Mr. Brotman found several potential prior falls at the nursing home facility. He argued that the nursing home did not properly investigate these incidents, resulting in a failure to revise the resident’s care plan. Mr. Brotman also asserted that the nursing home violated Resident Rights protected by the New Jersey Nursing Home Resident Rights and Responsibilities Act.
Mr. Brotman commented, “This case not only achieved justice for the nursing home resident and her loved ones, but also makes nursing homes safer for all residents.”
If you or a loved one have questions regarding an injury or abuse at a nursing home please do not hesitate to contact Marc Brotman at mabrotman@szaferman.com or call (609) 275-0400.
