New Jersey Nursing Home Lawsuit Settlements

The National Council on Aging reports about one in ten adults over 60 experience some form of abuse or neglect. Some estimates place the number of nursing home abuse and neglect victims around five million per year.

The problem of elder abuse is especially prevalent in New Jersey, which ranks as one of the worst states, at number 49, for complaints of elder abuse, neglect, and exploitation.

Types of Nursing Home Abuse and Neglect Found in New Jersey Nursing Homes

There are many possible types of abuse and neglect that can cause catastrophic damages or even deaths:

1. Physical Abuse This includes any intentional physical abuse like hitting or slapping as well as negligent excessive force when moving patients or administering medical care. Three New Jersey nursing home aides were recently indicted over elder abuse charges that included hitting, punching residents, as well as kicking their wheelchairs.
2. Sexual Abuse Sexual abuse may include forcing a resident to view pornographic materials, rape, or various types of sexual battery.
3. Medication Errors Caregivers must ensure they follow all directions from prescribing doctors. Errors in medication schedules or dosing amounts can have life-threatening consequences.
4. Injuries From Inadequate Care Failure to properly reposition bedridden or wheelchair-bound patients may lead to the formation of bedsores. Repeat falls could indicate the nursing home failed to adequately account for individual falling risks.
5. Injury or Illness From Neglect Nursing home residents may become sick or injured from dirty or soiled clothes and bed linens or dirty living facilities.

Signs of Nursing Home Abuse and Neglect

New Jersey state law requires any individual with knowledge of nursing home abuse or neglect to report the issue immediately to Adult Protective Services. Some common signs of abuse and neglect include:

• Dirty and cluttered facilities.
• Inattentive or distracted staff members.
• Sudden changes in a resident’s personality, such as symptoms of depression or anxiety.
• Unexplained injuries, including bruises and fractures.
• Repeat falling incidents, an indication the facility has not taken adequate preventative measures against falling injuries.
• Bedsores, a sign that a resident has not been properly repositioned on a regular basis.
• Sudden, unexplained death. Always demand an immediate investigation into the sudden death of a loved one in a nursing home.

If you visit an elderly loved one who resides in a nursing home and notice these or any other worrisome signs, investigate immediately and file a report if you confirm any abuse or neglect has occurred.

A recent investigation was launched in New Jersey after a whistleblower shared photos of a dementia patient illegally restrained in her wheelchair, tied down with a bedsheet.

How Much Is My New Jersey Nursing Home Negligence Case Worth?

There are generally two types of damages available in a nursing home lawsuit: economic damages for things like additional medical expenses and lost income, and non-economic damages for the victim’s pain and suffering. Several factors influence the value of a nursing home abuse or neglect lawsuit, including:

• The involvement of the family. The family will likely receive more recovery for the injury or death of a nursing home resident they regularly visited.
• The conduct of the facility. If the nursing home upheld unacceptable hiring and background check processes, it will likely face liability for the victim’s damages.
• The severity of the abuse or neglect. More severe abuse or neglect will invariably lead to more recovery.

A few examples of different types of case settlements include:

1. Bedsore Settlements
2. Fall Settlements
3. Inadequate Care Settlements
4. Medical Error Settlements
5. Nursing Home Abuse Settlements

If you have an elderly loved one in a nursing home who you suspect has suffered abuse or neglect, report the issue immediately and then contact us to learn more about your legal grounds for recovery. Depending on the type of abuse or neglect involved and the resulting damages, a successful lawsuit can not only lead to significant recovery but also potentially encourage the adoption of new laws and policies to prevent similar incidents in the future.

Resources:

• Elder Abuse Overview
• National Center for Health Statistics
• Mandatory Reporting Requirements: The Elderly New Jersey