Newark Nursing Home Abuse Lawyer

Elder abuse is an alarming issue that affects countless vulnerable individuals in nursing homes and assisted living facilities across Newark, NJ. When nursing home residents face abuse or neglect, the consequences can be devastating.

From serious injuries to wrongful death, the impact on victims and their families is immeasurable. This reality is why it’s essential to take immediate action if you suspect abuse in a nursing home facility.

Seeking legal help from a Newark nursing home abuse lawyer can make a critical difference in protecting the rights of your loved ones and ensuring those responsible are held accountable.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of elder abuse. Our experienced legal team has a strong history of managing nursing home abuse cases with care and securing substantial settlements and verdicts.

We perform comprehensive investigations to cover all aspects of the abuse, addressing not only medical costs but also the emotional suffering and other damages victims endure. With our in-depth knowledge of personal injury claims, we efficiently handle the legal process and fight relentlessly to safeguard your rights.

We offer compassionate and clear guidance at every step, ensuring you and your loved ones stay informed, supported, and reassured.

Types of Cases Handled by Our Newark Nursing Home Abuse Lawyers

Elder abuse refers to any intentional harm or neglect that a resident suffers at the hands of caregivers or staff in a nursing home or assisted living facility. Abuse can take many forms, each with serious consequences for the health and well-being of nursing home patients.

Physical Abuse

Physical abuse includes any use of force that causes harm or injury to a nursing home resident. This assault may involve hitting, slapping, pushing, or improper use of restraints, which can lead to severe injuries or even wrongful death.

Mental and Emotional Abuse

Mental and emotional abuse occurs when residents are subjected to verbal threats, intimidation, isolation, or humiliation. This type of abuse can cause long-lasting emotional distress and lead to a decline in mental health, making it just as damaging as physical harm.

Sexual Abuse

Sexual abuse involves any non-consensual sexual contact with a resident. Unfortunately, elderly individuals in nursing homes may be particularly vulnerable to sexual assault. Our legal team works to hold nursing home staff and other residents accountable for such horrific actions.

Medical Malpractice

Medical neglect in nursing homes often involves issues like bedsores, medication errors, and untreated medical conditions. Our lawyers fight for fair compensation when residents suffer from medical neglect or malpractice.

Negligence

Neglect in nursing homes refers to failing to provide proper care, leading to issues like poor hygiene, malnutrition, dehydration, and elopement. These signs of negligence can cause serious health risks to vulnerable residents.

Financial Abuse

Financial exploitation occurs when staff or other individuals take advantage of residents by stealing money, manipulating finances, or coercing them into changing their financial documents. Our Newark nursing home abuse lawyers seek to recover financial losses and protect residents from further harm.

Wrongful Death

Tragically, some instances of nursing home negligence result in the death of a resident. When wrongful death occurs, we help families pursue justice and compensation for their loss, ensuring that responsible parties are held accountable.

Understanding Your Legal Rights

Nursing home residents are protected under federal and state laws designed to safeguard their health, safety, and dignity in nursing care facilities.

The Nursing Home Reform Act of 1987 is one of the most significant pieces of federal legislation that sets the standard for care in nursing homes. 

This law mandates that nursing homes provide services and care that allow residents to attain or maintain the highest physical, mental, and emotional well-being. It also ensures residents have the right to be free from abuse, neglect, and exploitation.

In addition to federal protections, nursing home residents in New Jersey are protected by state regulations such as those enforced by the New Jersey Department of Health. These regulations ensure that care facilities provide adequate food, proper medical care, and protection from abuse or neglect. 

Residents also have the right to file complaints, access their medical records, and be informed of their care plan. If these rights are violated, legal action can be taken.

Eligibility to File a Nursing Home Abuse Claim

A personal injury claim for nursing home abuse can be filed by several parties, depending on the circumstances of the case. These include:

• The nursing home residents themselves, if they are mentally and physically capable of pursuing legal action.
• A legal guardian or power of attorney acting on behalf of the resident.
• Family members, especially in cases where the resident has suffered serious injuries, wrongful death, or is unable to communicate or take action.

Liability in Nursing Home Neglect and Abuse Cases 

In many nursing home negligence cases, multiple parties may share responsibility for the harm caused to residents.

• Nursing Home Facilities: Nursing homes can be held liable when abuse or neglect occurs within their facility. This liability often arises from failure to provide adequate staffing, proper training, or oversight of employees.
• Nursing Home Staff Members: Individual caregivers, nurses, and staff members may be directly liable for the abuse or neglect they inflict on residents. Staff members who misuse restraints, administer incorrect medications, or ignore residents’ needs can be held accountable for the damage they cause.
• Third-Party Contractors: In some cases, third-party contractors, such as medical professionals or maintenance workers, may also be responsible for nursing home negligence. For example, if a contracted nurse or doctor provides substandard care that results in bedsores, infections, or medication mistakes, they can be held liable for medical malpractice.
• Administrators and Management: Nursing home administrators and management may also be liable if they ignore abuse complaints, fail to address poor living conditions, or allow the facility to be understaffed. By not taking proper action to prevent abuse, they contribute to the harmful environment that nursing home residents endure.
• Other Residents: In some situations, abuse may be inflicted by other residents in the facility. When the nursing home fails to protect residents from violence or harassment by others, they can be held responsible for not taking appropriate measures to avoid physical harm.

How Our Newark Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced nursing home attorneys have a proven track record of successfully handling cases involving nursing home neglect. With our deep understanding of nursing home laws and regulations, we are dedicated to protecting the rights of vulnerable residents and ensuring they receive the compensation and justice they deserve.

• Free Case Evaluation: Our attorneys offer a free consultation to assess your case and determine the best course of action. During this evaluation, we will listen to your concerns, review the details of your loved one’s situation, and provide honest feedback on the potential legal options.
• Case Investigation: A thorough case investigation is crucial to building a strong personal injury claim. Our legal team will gather all necessary evidence, including medical records, witness statements, and reports from adult protective services, to identify signs of nursing home negligence, physical harm, or financial exploitation.
• Filing the Claim: We’ll file the claim against the nursing home or other liable parties once the investigation is complete. Our experienced attorneys ensure that all documentation is prepared correctly and submitted, and we keep you informed about the progress of your case.
• Settlement Negotiation: In many cases, we can achieve fair compensation for your family through settlement negotiations. Our legal team will work tirelessly to negotiate with insurance companies and nursing care facilities to secure maximum compensation for medical bills, psychological abuse, and other damages.
• Trial Representation: While many nursing home negligence cases settle out of court, our attorneys are fully prepared to take your case to trial if needed. With extensive courtroom experience, we will present a compelling case to a judge and jury to ensure those responsible for the abuse are held fully accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are over 300 Medicare-approved nursing homes in Newark, New Jersey. 123 of these facilities (41%) have an overall rating below or much below average. Specifically, 152 nursing homes (50.7%) fall short in health inspections, and 140 facilities (46.7%) have inadequate staffing levels. 25 facilities (8.3%) were rated poorly regarding quality measures. [1]

The worst-rated nursing homes in Newark include:

Recognizing the warning signs of elder abuse is essential in protecting the health and well-being of your loved ones.

• Unexplained injuries
• Sudden changes in behavior
• Poor hygiene and living conditions
• Bedsores and other medical issues
• Sudden financial changes
• Emotional distress
• Weight loss or malnutrition
• Fear of nursing home staff or other residents

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is a victim of elder abuse, it’s critical to act immediately to ensure their safety and well-being. Below are key steps to follow if you suspect abuse:

• Call proper authorities, like 911, if immediate danger is present.
• Report abuse or suspected abuse to the nursing home administrator or management.
• File a complaint with your local ombudsman’s office, which works to ensure nursing home residents’ rights.
• Contact a Newark nursing home abuse lawyer.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a loved one has suffered from nursing home abuse, filing a personal injury claim can help you recover compensation for the harm they endured.

Economic damages compensate for the financial losses that arise directly from the abuse or neglect. These are measurable costs, such as:

• Medical expenses
• Relocation costs
• Lost savings

Non-economic damages are awarded for the intangible losses that victims and their families experience. These losses are harder to quantify but are equally important in providing fair compensation:

• Pain and suffering
• Loss of dignity and enjoyment of life
• Emotional distress

Punitive damages may be awarded in cases of extreme misconduct or egregious abuse. These are intended to punish the nursing home facility, staff members, or any liable parties for their actions and deter similar conduct in the future.

The Cost of Hiring a Newark Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of nursing home negligence can be overwhelming. To help ease this burden, we work on a contingency fee basis, meaning you pay no upfront fees or out-of-pocket expenses. 

Our legal fees are only collected if we successfully recover compensation for your case through a settlement or a verdict. This arrangement ensures that every family, regardless of financial means, has access to skilled legal representation and can seek justice for their loved one.

You Have Limited Time to Take Legal Action in Newark

If you suspect that your loved one has been a victim of nursing home abuse, it’s important to act quickly. New Jersey has a statute of limitations that restricts the time you have to file a personal injury claim. In most nursing home negligence cases, the statute of limitations is typically two years from the date the abuse occurred or was discovered.

Failing to take legal action within this time frame could result in the forfeiture of your right to pursue compensation. Since nursing home negligence cases often require a thorough investigation, it’s critical to consult with a Newark nursing home abuse lawyer as soon as possible to ensure your claim is filed within the legal deadline.

Contact a Newark Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Newark nursing home attorneys are dedicated to seeking justice for victims of abuse and neglect. With a proven history of handling nursing home negligence cases, we have successfully recovered significant compensation for medical expenses, emotional trauma, and other damages. 

We understand the complexity of these cases and provide compassionate, transparent support to guide you through every step of the legal process.

If you suspect your loved one is suffering from elderly abuse, contact our law firm today for a free consultation. Let our skilled legal team help you protect your loved one’s rights, hold responsible parties accountable, and pursue the maximum compensation they deserve.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare