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You are here: Home / Nursing Home Abuse and Neglect / New Jersey Nursing Home Abuse and Neglect

New Jersey Nursing Home Abuse and Neglect

Hundreds of thousands of people rely on nursing homes to provide quality, safe services. However, when there is nursing home neglect, elder abuse or mistreatment of patients, it is the responsibility of the caregiver to resolve the issue.

Some of the more common nursing home abuse cases for which injury claims have been pursued include:

  • Neglect and Negligent Care
  • Bed Sores or Pressure Ulcers
  • Dehydration and malnutrition
  • Abuse and Assault
  • Restraint Injuries and Strangulation
  • Falls and Fractures
  • Wandering and Leaving the Facility
  • Wrongful Death

Potential medical malpractice lawsuits may also arise from nursing home care, including:

  • Misdiagnosis or Failure to Diagnose
  • Prescription Errors
  • Medical Mistakes

Every claim for abuse in nursing homes and nursing home negligence does have a deadline, known as a statute of limitations, which requires that any lawsuit be filed by a certain date, which is generally two years in New Jersey. Therefore, it is important to review any potential nursing home negligence claim with a qualified attorney as soon as possible to make sure your family’s legal rights are protected.

Fortunately, the law is on your side when demanding that loved ones receive professional and competent. care.

Staffing Shortages Often Contribute to Neglect

Staffing shortages are often at the root of litigation alleging malpractice or litigation. When problems such as bed sores develop, often is a direct consequence of not having enough staff to prevent it.

As shown in this chart compiled by Families for Better Care, New Jersey nursing homes received a grade of F for hours of care received by nursing home residents.

New Jersey Nursing Homes Hours Spent Per Resident Chart
Direct Care Service Hours Spent Per Nursing Home Resident,
Source: Families for Better Care (July 2019)

Frequently Asked Questions

Q: If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?
A:
Yes, nursing home residents (or their survivors) who are harmed due to nursing home neglect may recover damages under several different legal theories, even in the absence of a contract. A resident might have a cause of action that arises out of negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, or negligent selection or maintenance of equipment. In addition, a nursing home resident who has been abused can pursue damages for assault and battery.

Nursing Home Patients Have Rights That They May Either Not Be Aware of Or Are Able to Understand

Q: What rights do residents of nursing homes have?
A:
Nursing home residents have rights guaranteed by law, just as all residents in a nursing facility that participates in the Medicare program has the right, under statute, to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. Restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to ensure the safety of the resident or other residents. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws, which will vary from state to state.

elderly woman
Medicare Has Specific Regulations Regarding How a Patient Can Be Treated. These Are In Addition to Any Local New Jersey Regulations.

Q: What will happen if a nursing home resident complains of neglect or abuse?
A:
Today, all states have a system for reporting allegations of abuse, neglect, and exploitation of the elderly, for investigating the allegations. An investigation will usually include interviews with the resident, his or her family members, and nursing home staff and management. If the allegations are founded, adult protective services will provide services to the older person to try to remedy the problems and prevent their recurrence; however, there may be situations where the victim or the victim’s family do not feel satisfied or justly compensated for the injury or indignity suffered at the hands of the nursing home. In such cases, the resident or resident’s family member should speak to an attorney about bringing a civil action for damages against the nursing home. In addition, the circumstances may warrant criminal prosecution.

Q: What qualifies as “neglect” in the nursing home setting?
A:
Most states define neglect of an older person as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care. Whether such failures are intentional, or simply careless, often will determine whether a case against a nursing home is framed as one for neglect or abuse.

elderly man
Neglect is defined as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care

Q: Why are neglect and abuse common in the nursing home setting?
A:
Several factors have been shown to contribute to the abuse or neglect of nursing home residents, including poorly qualified and inadequately trained staff; staff with a history of violence; insufficient numbers of staff; the isolation of residents; and, the known reluctance of residents to report abuse out of embarrassment or fear.

Q: How can acts of abuse or neglect by a nursing home be addressed in legal proceedings?
A:
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following proceedings:

  1. An investigation and finding by an adult protective services agency
  2. A civil cause of action for damages (a lawsuit); and/or,
  3. A criminal prosecution.
daughter and elderly mother hugging
A Consultation with an Expert in Local Nursing Home Related Laws is a Good Place to Start When Concerned About a Loved One (Image courtesy of Ambro at FreeDigitalPhotos.net)

These proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the goal of a civil action (lawsuit) is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct.

Q: What constitutes “exploitation” in the nursing home setting?
A:
Many states define exploitation as the wrongful use of an older person’s resources for profit or advantage. Some definitions refer simply to the misuse of an older person’s funds, property or person. Other states specify that to qualify as exploitation, resources must have been obtained without the older person’s consent, or obtained through undue influence, duress, deception or false pretenses.

Contacting an Attorney

The attorneys at Howard Law LLP are experienced in the law and legal procedures for obtaining justice and compensation for nursing home negligence or abuse.

After requesting a free consultation with one of our attorneys, there is no obligation to hire our law firm to handle your family’s nursing home negligence lawsuit.

Just give us a call at  201-488-4644 or contact us using the form below.

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More Information on Nursing Home Abuse

Nursing Home Neglect and Abuse – What You Need to Know

How to Report Nursing Home Abuse

Questions and Answers on Abuse in Nursing Homes

Hiring a New Jersey Nursing Home Abuse Lawyer

New Jersey Nursing Home Abuse Laws

How to Hire a Contingency Lawyer

Understanding New Jersey Nursing Home Problems

 

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