$3,100,000Pressure sore death
$2,333,000Fall involving traumatic brain injury
$1,500,000Bedsore settlement
$1,499,000Dementia patient injury
$1,250,000Repeated fall injuries

Newark Nursing Home Abuse Lawyer

Deborah Gough
Attorney Deborah Gough
Licensed in New Jersey

The challenge of combating nursing home abuse in New Jersey calls for a legal approach that is both thorough and compassionate. Such cases often involve vulnerable individuals requiring a legal advocate to understand their unique needs.

At Nursing Home Law Center, LLC, our nursing home abuse attorneys specialize in offering this type of focused legal assistance, striving to protect the rights and dignity of those affected by nursing home abuse.

Identifying Nursing Home Abuse in Newark

In Newark, the fight against nursing facility abuse is led by dedicated nursing home abuse lawyers who understand the gravity of the situation facing our community’s elderly. Recognizing the signs of nursing home neglect and abuse is the first crucial step in this battle. At our law firm, we empower families with the knowledge to identify and take immediate action against such injustices.

The occurrence of nursing home abuse in Newark is a troubling reality that too many elderly residents and their families face. Our law firm stands as a beacon of hope and justice for those affected by the horrors of negligence in nursing homes. Each Newark nursing home abuse lawyer aims to educate and inform our clients on how to identify signs of abuse, ensuring their loved one’s safety and dignity are preserved.

As Newark nursing home abuse lawyers, we strongly commit to protecting the vulnerable. Our expertise extends to all forms of mistreatment, from physical harm to emotional distress and financial exploitation within nursing home facilities.

Essex County Nursing Home Abuse Statistics

In Essex County, statistical data reflects a sobering reality of elder abuse within nursing homes. These figures not only highlight the prevalence of the issue but also underscore the importance of our Newark nursing home abuse lawyer services.

Every Newark nursing home abuse lawyer at our law firm uses these statistics to better understand the scope of abuse and strategize more effectively in our legal pursuits.

Essex County statistics show that care home abuse is not isolated but rather a widespread issue affecting numerous families. These alarming statistics indicate an urgent need for legal intervention and reform within nursing homes. These numbers drive our Newark nursing home negligence lawyers to advocate relentlessly for change and compensation through settlements or trials for our clients.

How Federal and New Jersey Government Agencies Regulate Assisted Living and Nursing Facilities

Federal and New Jersey government agencies are crucial in regulating nursing homes and assisted living communities. Surveyors and inspectors are instrumental in identifying nursing home negligence and abuse.

Our Newark nursing home abuse lawyer team works closely with these agencies to ensure that nursing facilities in Newark comply with laws and regulations designed to protect residents.

Recent data from the Centers for Medicare and Medicaid Services (CMS) reveals the state of professional caregiving in Newark, New Jersey. As of December 2023, out of 349 nursing homes in the area, a worrying 135 facilities, which accounts for 39%, have been rated as “below average” or “much below average.”

Among these facilities, several have explicitly been cited for abuse, highlighting the urgent need for improved care and oversight. The facilities include:

  • Alaris Health at Cedar Grove
  • Golden Gate Rehabilitation & Health Care Center
  • Llanfair House Care & Rehabilitation Center
  • New Jersey Veterans Memorial Home Menlo
  • New Vista Nursing & Rehabilitation Center
  • Runnells Center for Rehabilitation & Healthcare
  • Westchester Center for Rehabilitation & Nursing

CMS Inspections and Regulatory Compliance

CMS inspectors play a crucial role in ensuring the quality and safety of nursing home care. When nursing homes are found to be non-compliant, CMS takes action through various measures, including fines and corrective guidance.

  1. Levying Fines: CMS can impose fines on nursing facilities that fail to meet federal standards. The amount of these fines varies depending on the severity and duration of the non-compliance.
  2. Corrective Guidance: In addition to fines, CMS provides corrective guidance to care homes. This involves outlining specific steps the facility must take to address deficiencies and improve overall care. The guidance is tailored to the unique problems identified during the inspection.
  3. Follow-up Surveys: CMS conducts follow-up surveys after implementing corrective measures to ensure that the nursing home has made the necessary changes to comply with regulations. Continued non-compliance can lead to additional penalties or even termination from Medicare and Medicaid programs.

These measures by CMS are crucial in maintaining the standards of care in nursing homes and ensuring the safety and well-being of residents. The findings in Newark highlight the importance of continual oversight and the need for facilities to adhere strictly to the regulations set forth to protect residents.

How CMS Rates Nursing Homes and Conducts Surveys

The Centers for Medicare and Medicaid Services employs a detailed rating system to evaluate the quality of nursing facilities. This system is crucial for families and individuals in making informed decisions regarding long-term care. The rating considers several factors, including health inspections, staffing, and quality measures.

  • Annual Surveys: CMS works with state agencies to conduct comprehensive unannounced surveys of nursing homes at least once a year.
  • Follow-up on Complaints: CMS also follows up on any filed complaints regarding abuse, neglect, or mistreatment. These follow-ups are essential for ensuring that care homes adhere to federal standards and take corrective actions when necessary.
  • Collaboration with State Agencies: The state agencies play a pivotal role in this process. They are responsible for inspecting facilities and ensuring compliance with both state and federal regulations.

The Centers for Medicare and Medicaid Services rating and survey system is a vital tool for maintaining standards in nursing homes. However, the high percentage of facilities in Newark rated below average, coupled with specific instances of cited abuse, indicates a pressing need for systemic improvements and vigilant oversight in these care settings.

Elder Justice Act

Federal nursing home law is designed to combat elder abuse and neglect. The Act mandates reporting of possible incidents of abuse and neglect by nursing home staff members.

Types of Abuse Experienced by the Elderly

Understanding various forms of abuse is critical for effective legal representation. Our Newark nursing home abuse lawyer team specializes in all areas of abuse:

  • Physical Abuse: This includes any intentional act causing injury or harm to residents, such as hitting, slapping, or improper restraints, leading to serious injuries, broken bones, or even negligent death.
  • Emotional Abuse: Psychological harm is inflicted by staff or fellow residents, which can lead to emotional distress and mental anguish.
  • Mental Abuse: Actions or neglect that degrade a resident’s sense of self-worth and well-being.
  • Sexual Abuse: Any non-consensual act that violates a resident’s body and dignity, including unwanted touching or sexual assault.
  • Financial Abuse: The illegal or unauthorized use of a resident’s assets, ranging from cash to property.
  • Negligence: Substandard or inadequate staffing leads to neglect, which can result in medical expenses, pressure ulcers, malnutrition, dehydration, and emotional distress.
  • Medical Malpractice: Healthcare failures by staff members that cause injury, worsen medical conditions, or prevent disabled and elderly residents from resisting physical abuse.

Common Indicators of Abuse and Neglect

Recognizing the signs of elderly abuse and neglect is imperative. Bedsores, poor hygiene, weight loss (malnutrition), and unexplained injuries are just a few indicators that something is amiss within a care facility. Our legal experts are trained to identify signs of abuse and take swift action to protect the elderly loved ones of Newark nursing home residents.

How and Where to Report Abuse and Neglect

Knowing how and where to report it is vital when abuse is suspected. Our law firm guides clients through the process, from filing a police report to contacting the proper authorities. Your Newark nursing home abuse lawyer takes every case of suspected abuse seriously, and the legal civil process is initiated promptly.

Safeguarding the Vulnerable

In New Jersey, several channels exist for reporting abuse and neglect within nursing homes, ensuring that victims and their families can seek justice and protection.

  • New Jersey Department of Health (NJDOH): The NJDOH’s Health Facilities Evaluation and Licensing Division is a primary contact point for reporting abuse. Complaints can be filed online, by phone at (800)792-9770, or via mail or fax. Their oversight extends to the licensing and regulation of nursing facilities.
  • New Jersey Long-Term Care Ombudsman (LTCO): The LTCO is instrumental in addressing the grievances of nursing home residents and their families. Reports can be made by calling (877)582-6995, emailing ombudsman@ltco.nj.gov, or mailing to their Trenton office.
  • Adult Protective Services (APS): APS investigates and takes necessary action for elder abuse cases. Local APS offices can be contacted for assistance in these matters.
  • Office of Inspector General (HHS-OIG): State survey agencies under HHS-OIG conduct on-site surveys at nursing facilities to evaluate care and respond to allegations of noncompliance with Federal requirements.
  • National Institute on Aging: Guides on reporting abuse and where to get help at (855)500-3537.
  • Local Authorities: In situations of immediate danger or emergency, contacting local law enforcement or emergency services is crucial for the resident’s safety.

The Impact of Reporting

Reporting abuse is not only a step towards obtaining help for the victim and their family but also acts as a preventive measure for the future well-being of all residents.

  • Prevention of Future Abuse: By reporting, you help create a record that could prevent ongoing mistreatment of other residents.
  • Regulatory Oversight: Your reports contribute to regulatory oversight, prompting more frequent inspections and stricter compliance checks.
  • Awareness and Advocacy: Reporting cases of abuse can lead to increased public awareness and advocacy, potentially leading to stronger laws and policies to protect the elderly.

Additional Considerations

When reporting, it is crucial to provide as much information as possible , including medical records, any known injury claims, and details that might indicate neglect or abuse, such as changes in behavior where the individual acts scared or displays signs of severe injuries.

  • Mandatory Reporting: Under New Jersey law, certain individuals are legally mandated to report suspected instances of abuse, exploitation, or serious bodily injury involving senior residents.
  • Legal Action: Families also have the option to take legal action. Consulting with a Newark nursing home abuse lawyer can offer guidance on the process and what to expect.

By understanding the avenues for reporting and the broader impact it can have, we can work together to ensure that nursing homes are safe havens of care rather than places of fear and harm.

The Shadow of Wrongful Deaths in Newark Nursing Homes

In the solemn confines of care homes, the specter of preventable death looms, a grim reality that often goes unspoken. When the trust placed in Newark nursing homes is betrayed through abuse or negligence, it can tragically escalate to preventable fatalities. A Newark nursing home abuse lawyer serves as a pivotal ally in these darkest moments, seeking justice and accountability for the loss of life.

Unseen Dangers: Abuse and Neglect Leading to Loss

Elder abuse in the form of physical, emotional, and even sexual abuse by staff, family members, visitors, and fellow residents can lead to dire consequences. These acts, often cloaked in secrecy, can cause serious injuries and deterioration in health that may culminate in an avoidable death (nursing home wrongful death).

  • Physical Harm and Nursing Home Negligence: Instances where residents resist physical abuse or are left without adequate food and care can lead to severe physical decline and even death.
  • Medical Oversights: Errors by nurses and certified nursing assistants, such as medication mistakes or improper use of restraints, can have fatal outcomes.

The Deadly Consequences of Nursing Home Negligence

Negligence by healthcare professionals in nursing homes can silently claim lives through various means. Malnutrition, dehydration, and choking are insidious killers, often a direct result of neglect. Bed sores, if left untreated, can lead to deadly infections, while the misuse of chemical or physical restraints can cause fatal injuries.

  • Nutritional and Hydration Neglect: Failing to provide essential sustenance can lead to a rapid health decline, making nursing home residents vulnerable to death.
  • Medication and Treatment Errors: Mistakes in administering medication or treatments can be deadly, raising a valid personal injury claim.

Warning Signs: Recognizing the Precursors to Preventable Death

Awareness of the warning signs of neglect and abuse can be life-saving.

  • Acts Scared or Unusual Behavior: If a resident acts scared or displays sudden changes in behavior, it could indicate underlying issues.
  • Visible Injuries: Unexplained broken bones or injuries should raise immediate concerns and prompt investigation.
  • Changes in Medical Condition: Sudden or unexplained medical conditions worsening warrant a deeper look into the care provided.

When a loved one passes away due to mistreatment or neglect in a nursing home, pursuing a personal injury claim becomes essential.

  • Free Consultation: Families should seek a free consultation with a Newark nursing home abuse lawyer to explore their options.
  • Investigation and Documentation: Gathering medical records, documenting loved ones’ injuries, and piecing together the evidence is vital for substantiating a personal injury claim.
  • Holding Liable Parties Accountable: Identifying and prosecuting liable parties is crucial, whether it’s staff negligence or harm from other residents.
  • Punitive Damages: In cases of gross negligence, punitive damages may be sought to deter similar future occurrences in care facilities.

The role of a Newark nursing home abuse lawyer is not merely to address the aftermath of tragedy but to help avoid physical harm and advocate for the highest standards of care.

Elder abuse is a criminal offense, and there are robust legal protections in place to safeguard the rights of the elderly. Our Newark nursing home abuse lawyer team is well-versed in these protections, ensuring our clients receive the full benefit of the law.

New Jersey Laws on Elder Abuse

New Jersey laws are stringent when it comes to elder abuse, criminalizing acts of abuse, and setting standards of care for nursing facilities. Our nursing home negligence law firm leverages these laws to advocate for our clients, ensuring perpetrators are held accountable and victims receive justice.

Rights of Nursing Home Residents

Nursing home residents’ rights are enshrined in federal and state laws. Our nursing home negligence attorneys ensure that residents in Newark receive adequate care and respect, and when their rights are violated, we take decisive action. We champion the cause of our clients, ensuring their legal rights are upheld in the face of abuse.

For abused victims and their families, legal recourse offers a path to justice and compensation. Our law firm is proficient at navigating the legal process, ensuring that each case is given the attention and expertise it deserves.

Pursuing a Nursing Home Negligence or Abuse Personal Injury Claim

A personal injury claim may be necessary to secure compensation for emotional distress, pain and suffering, and other damages resulting from abusive behavior and negligence. Our Newark nursing facility abuse attorneys are skilled in filing claims, ensuring that every aspect of the abuse is addressed and compensated.

Statute of Limitations in New Jersey

Understanding the statute of limitations in New Jersey is critical when filing abuse claims. Our legal team informs clients of the timeframes within which they must act to ensure their personal injury claim remains valid. We take immediate legal action to safeguard the legal rights of our clients and their families.

Our Approach to Nursing Facility Abuse Cases

Our approach to nursing home abuse cases is meticulous and client-focused. From the initial consultation to the case resolution, our legal team ensures that each step is taken precisely and carefully.

Comprehensive Case Evaluation

Each case begins with a comprehensive case evaluation. We assess the unique circumstances surrounding the alleged elder abuse. This thorough evaluation lays the groundwork for our legal strategy and ensures that all aspects of the personal injury claim are considered.

Maximizing Client Recovery

Our firm’s strategy is always to maximize client recovery. Whether it’s recovering medical expenses or compensation for mental anguish, we fight to secure the maximum compensation for our clients. Our Newark care home abuse lawyers are committed to achieving the best possible outcome for those we represent.

Choosing the Right Newark Nursing Home Abuse Lawyer

Choosing a Newark nursing home abuse lawyer is crucial. The right attorney can make all the difference in the outcome of a case. Our firm offers not only legal expertise but also a compassionate understanding of the trauma that abuse and neglect inflict.

Experience and Expertise in Elder Abuse Cases

Our nursing home negligence attorneys possess a wealth of experience and expertise in elder abuse cases. This specialized knowledge is invaluable in nursing home abuse litigation, as it allows us to navigate the complexities of these cases with confidence and skill.

Our legal counseling and advice are centered on your loved one’s safety and well-being. We understand that every case is unique, and we tailor our legal services to meet the specific needs of our clients and their families. Our commitment is to protect and uphold the rights of elderly residents in Newark.

Contact us for support and guidance if you suspect nursing home abuse. Our firm is here to provide you with the resources and legal expertise to navigate this challenging time.

Our free consultation allows potential clients to discuss their personal injury claims without obligation. We believe that everyone should have access to legal advice when it comes to protecting the rights of their loved ones.

We guide our clients through every step of the legal process, offering support and clarity. Our goal is to make the journey towards justice as smooth and successful as possible for our clients and their families.

Our Personal Injury Lawyers Advocating for Elders, Upholding Their Rights

Nursing Home Law Center, LLC’s mission is to restore peace of mind to families whose loved ones are in nursing homes. Our team of skilled nursing home abuse attorneys is dedicated to fighting for justice and fair compensation in elder abuse and neglect cases.

Contact a Newark nursing home abuse lawyer at (800) 926-7565 to access our comprehensive services:

  • In-depth investigation of your abuse or neglect personal injury claim
  • Personalized legal strategy development
  • Coordination with healthcare and forensic experts
  • Persistent advocacy in settlement negotiations or trials
  • Assistance with all legal documentation and filings
  • Emotional support and legal counseling for families
  • No upfront costs – we operate on a contingency fee basis
  • Free consultation to discuss our legal experience and your options

Let our law firm take the legal burden off your shoulders while you focus on the well-being of your loved one.

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was...

- Lisa

After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit...

- Eric