legal resources necessary to hold negligent facilities accountable.
New Jersey Nursing Home Abuse Lawyer
Despite state and federal laws establishing minimum responsibility standards, senior resident care centers in New Jersey do not always adhere to the rules created to protect patients.
Prevalence of Violations in NJ Nursing Facilities
The Centers for Medicare and Medicaid Services (CMS) found that of 366 long-term homes in New Jersey, eighty-six (twenty-three percent) provided their residents with substandard care below the national average.
Up to forty percent had unsafe conditions that put residents at risk for accidents, and more than twenty percent were deficient in food sanitation.
A statewide problem exists in the quality of trust provided by New Jersey senior care homes. You must act if you witness someone your love being abused or suspect abuse in a New Jersey nursing facility.
Call a New Jersey nursing home abuse lawyer to receive assistance in investigating your concerns of physical or mental abuse today.
The public assumes that long term facilities provide continuous care when adult children can no longer provide for their aging parents due to work commitments, financial challenges, or other family obligations.
It seems incomprehensible that paid caregivers abuse or neglect an elderly resident.
An Experienced Nursing Home Abuse Attorney Can Help
Tragically, there is a concerning ongoing abuse problem in many senior resident care facilities everywhere throughout the United States.
The New Jersey personal injury attorneys at the Nursing Home Law Center can help. Attorney Deborah Gough practices abuse and negligence law in the entire state. Contact Attorney Gough's office at 411 Hackensack Avenue, Hackensack, NJ 07601, for a free case evaluation.
Statutes of Limitations and Damages Caps in New Jersey Nursing Home Abuse Cases
New Jersey families have a limited time to bring a personal injury claim against an elder home on behalf of their loved one.
The statute of limitations runs for two years, beginning from the date the cause of action was discovered or from the date of death. (N.J. Stat. Ann. §2A:14-2; §2A:31-3)DAMAGES CAP
Punitive damages for personal injury are limited to five times compensatory damages or $350,000, whichever is greater. No punitive damages are allowed in civil cases. (N.J. Stat. Ann. §2A:15-5.14(b))
National Nursing Home Trends
According to the National Center on Elder Abuse, more than three million Americans reside in nursing homes. Nearly one in three skilled senior facilities fails to meet federal standards for safety and quality of care.
While the exact incidence of nursing home abuse and neglect remains unknown, experts believe it to be quite pervasive.
The NCEA and the Centers for Disease Control have concluded that most abusive incidents likely go unreported due to challenges of gathering accurate data and deficiencies with state reporting.
Was your loved one injured, mistreated, abused, or did they die unexpectedly from neglect while residing in a New Jersey senior resident care facility?
Contact the New Jersey personal injury attorneys at Nursing Home Law Center today for a free case review so we can get your family the compensation you deserve.
Federal Laws Governing Nursing Home Care
The U.S. Congress has enacted several laws upheld by the Supreme Court designed to protect vulnerable elderly patients, which apply to all care facilities in the United States:
The Nursing Home Reform Act of 1987 established basic standards of care to promote the physical and mental well-being of elderly persons residing in elder care homes throughout the country and outlined specific fundamental rights.
Legal rules require nursing homes to accommodate residents' medical, physical, psychological, and social needs.
The Long-Term Care Ombudsman program created a network of advocates for nursing home residents in each state who investigate and attempt to resolve specific complaints involving abuse, neglect, or exploitation of a resident. Call (800) 926-7565 Toll-Free for a No-Obligation Consultation
New Jersey Nursing Home Abuse Lawyers Serving Victims of Pressure Sores, Falls & Medication Errors
While the number of elder care homes across the country is growing in response to the booming elderly population, they are still struggling to keep pace with the rising need for nursing home beds.They are challenged in keeping their facilities staffed with a limited number of skilled nurses and nurses' aides available for hire who are trained in caring for the elderly.Many of the state's senior care homes are entirely filled due to the alarming demand for an aging population.Administrators are often left with no other choice than to hire inexperienced or untrained staff to provide care to patients, putting safety at risk.However, nursing homes still have a duty to keep residents safe from abuse and neglect. Facilities should be held accountable if they discard that responsibility.
The state's Elderly Bill of Rights ensures that seniors are protected from mistreatment.
The following are some of the most common and preventable consequences of nursing home negligence, which can all lead to potentially life-threatening trauma:
Many mobility-challenged individuals cannot readjust their body position at least once every two hours and require assistance.
When left alone for more than two hours, the resident's immobility could quickly develop a pressure sore (bedsore or pressure ulcer).
Nursing home patients are at risk of developing pressure sores when the health staff regularly fails to turn or reposition the patient's body.
Advanced stage pressure sores are usually the result of negligence by untrained or unskilled nurses and nurses' aides.
New Jersey law allows victims of negligence to recover damages for any medical or other costs associated with the wound, pain caused by the wound, and death when a patient dies from complications related to the wound.
Follow this link for more information about monetary damages paid in New Jersey elder home bed sore lawsuits.
Falls are perhaps the most common and costly nursing home accidents. Falls are the leading cause of death among patients over sixty-five nationwide, and patients in an elder care home are at the highest risk.
Elderly patients are at heightened risk of suffering a severe falling injury due to the aging process and associated medical conditions affecting bone density, motor function, or balance. Long term care facilities must provide proper supervision, so the existing risk of falls is not aggravated by negligence and a disregard for safety.
Staff members dropping patients during transfers between beds and wheelchairs or into and out of toilet/bath facilities is the leading cause of preventable falls in long term care facilities.
Transfers can easily result in a patient getting dropped or falling when untrained or careless staff fail to follow proper safety protocols. Caregiving falls could cause tragic and costly injuries, including broken bones, brain damage, and other internal injuries.
Caregivers are liable for fall-related injuries if the fall resulted from inadequate supervision, safety hazards, dropped patients, or other negligence.
Sample New Jersey senior home fall damages can be found here.
Medication errors can cause many easily preventable injuries in nursing homes across the nation. While drug administration mistakes are not always life-threatening, some patients could suffer catastrophic harm simply because those responsible for their supervision failed to do their due diligence.
All drug mistakes must be documented in the resident's medical records.
A chain of individuals is involved in the medication administration process when the drug is prescribed, filled, and administered to a patient.
The mistake could be caused by the prescribing doctor, pharmacist, pharmacy clerk, elder care facility, documenting nurse, or the Licensed Practical Nurse administering the medication.
Disaster could result in catastrophic injuries if there is an error in any part of the health care chain. The patient should know what medications have been prescribed and how they will be dispensed unless they cannot participate in their supervision due to neurological or other disabilities.
Many drugs are potentially dangerous and could cause severe trauma or death if not administered properly.
A New Jersey nursing home abuse lawyer will always examine the medication chain when investigating a case involving medication errors to determine which parties along the way neglected their responsibility.
Deliberate abuse. Tragically, many elderly nursing home residents are uniquely susceptible to physical abuse, malnutrition, dehydration, or poor hygiene caused by unsanitary conditions. These victims are dependent, vulnerable, and incapable of defending themselves.
Helpless nursing home neglect patients are often victimized by fellow residents, outside visitors, and most egregiously, the very caregivers paid to look out for their welfare.
Any elder care home staff member suspecting another resident or facility employee of misconduct toward a patient must report what they witnessed to superiors. The nursing center facilities should ensure that adequate security measures are followed to prevent outside visitors from entering the home and assaulting residents.
Many victims of nursing home abuse remain silent out of shame or fear. Family members and caregivers must quickly identify the signs of abuse and know when action is required to protect the patient.
The nursing home abuse attorneys at Nursing Home Law Center LLC protect injured victims' legal rights and ensure they receive the financial recovery they deserve.
Read about some New Jersey nursing home abuse settlements here.
The New Jersey personal injury lawyers at Nursing Home Law Center LLC are committed to holding negligent medical facilities accountable for improper safe keeping. We are experienced in New Jersey lawsuits filed against nursing homes and hospitals involving pressure wounds, falls, and abusive treatment.
Put our expertise to work for you. Contact NHLC for a free review of your case today.
Pursuing a Wrongful Death Lawsuit Against a Negligent New Jersey Nursing Home
Tragically, death sometimes results from infected bed sores, falling events, medical errors, or other preventable consequences of negligent elder care. In many cases, the decedent suffered ongoing intense pain and discomfort before their demise.
No patient in a medical facility should ever die from a preventable physical injury or medical malpractice.
When negligence is involved, the surviving family members can seek legal action, including filing a civil action lawsuit against the facility responsible for their loved one's death.
Each nursing home abuse lawyer at the Nursing Home Law Center LLC is committed to helping you seek justice for victims of abuse and neglect in New Jersey elder care centers and assisted living facilities.
Our affiliate network of attorneys takes elder abuse cases on contingency, meaning fees are paid only when your attorney secures a positive financial outcome in your civil lawsuit for someone you love who died of nursing home negligence.
Get a free consultation today to discuss your case with our New Jersey neglect lawyers.
Recognizing the Common Signs of Nursing Home Abuse, Neglect
The warning signs of abuse and neglect are not always immediately apparent.
Family members need to recognize both the obvious and more subtle signs of neglect or abuse of a loved one, so they can file a report with the state authorities and get the aged person needed medical attention and help.
Some of the following are red flags that a loved one or family member might have become the victim of abuse or neglect in a nursing home or assisted living facility:
- Bruising, scratches, broken bones, or other wounds
- Unexplained weight loss
- Changes in behavior such as anxiety, depression, or angry outbursts
- Lethargic behavior or unexplained fatigue (could be a sign of emotional abuse)
- Silence or indications of discomfort around staff or other residents
- Sexual abuse
- Unclean surroundings and unchanged or soiled bedding or clothing
- Poor hygiene of your nursing home resident
- Spoiled or rotten food
You should reach out to a New Jersey nursing home abuse attorney today if you notice any potential warning signs of elder abuse in nursing home residents.
Your nursing home neglect lawyer can help you in filing a report and gather evidence to strengthen your compensation claim.
Our New Jersey Nursing Home Abuse Lawyers
A New Jersey senior home injury lawyer can help you demand your loved one's rights. We are here to support you in your time of need. Our attorneys are ready to assist families throughout New Jersey in locations such as:
Our legal team can help you end the abuse and get your loved one into a safe environment. You can call us at any time to discuss your concerns and get started in filing a legal claim against an elder care facility.
A New Jersey eldercare abuse and neglect attorney will stand by you every step of the way, so someone your love can receive the compensation that he or she deserves.
Our experienced attorneys handle all NJ nursing home abuse and neglect cases through contingency fee agreements. If we are unable to resolve your mistreatment case successfully, you owe us nothing.
Contact our law firm today or through the contact form to schedule a free consultation. All discussions with law firms remain confidential through an attorney-client relationship.
New Jersey State Resources
- Adult Protective Services
- County Offices of Adult Protective Services
- Dept. Of Human Services, Division of Aging Services
- Aging & Disability Resource Connection
The material on this page should be considered attorney advertising and does not constitute legal advice.