New Jersey Nursing Home Abuse Lawyer

Nursing home abuse and neglect are devastating realities that impact the lives of vulnerable elderly residents across New Jersey. Families trust nursing home facilities to provide proper medical care and emotional support for their loved ones, but too often, that trust is violated.

If you suspect that your loved one has been a victim of nursing home abuse, it’s vital to seek legal help. A New Jersey nursing home lawyer can assist you in understanding your rights, holding responsible parties accountable, and seeking justice for the pain and suffering endured.

Why Hire Nursing Home Law Center

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

We carry out detailed investigations to ensure that every aspect of the abuse, from medical expenses to emotional distress and other damages, is thoroughly examined. With our extensive experience in nursing home abuse claims, we effectively handle the legal process, fighting relentlessly to safeguard your rights.

Throughout the case, we offer compassionate and clear guidance, ensuring you and your family feel supported, informed, and secure at every stage.

Types of Cases Handled by Our New Jersey Nursing Home Abuse Lawyers

Nursing home abuse occurs when nursing home staff or other residents cause harm or fail to provide adequate care to elderly residents. This mistreatment can take various forms, and our nursing home neglect lawyers are experienced in handling a wide range of cases, including:

Physical Abuse

Physical abuse involves the use of force that results in injury, pain, or impairment. This bodily assault can include hitting, pushing, or improperly using restraints on nursing home patients, leading to broken bones, bruises, and other serious physical harm.

Mental and Emotional Abuse

Psychological abuse involves causing mental and emotional harm through verbal threats, isolation, or intimidation. This type of abuse often results in severe emotional distress and mental anguish, impacting the well-being and mental health of nursing home residents.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact with elderly residents, including inappropriate touching or assault. This form of abuse is incredibly traumatic, leaving lasting emotional and physical scars.

Medical Malpractice

Medical malpractice in nursing homes can take the form of neglectful care, such as allowing bedsores to develop or making medication errors that jeopardize residents’ health. Medical malpractice can lead to severe consequences, such as infections or life-threatening conditions.

Negligence

Negligence in nursing homes can manifest in many ways, from poor hygiene and inadequate nutrition to dehydration and elopement (when a resident wanders away from the facility unsupervised). These failures put residents’ health and safety at serious risk and can lead to long-term damage or death.

Financial Abuse

Financial abuse occurs when nursing home staff members or other individuals exploit elderly residents by stealing money, manipulating financial decisions, or pressuring them into making economic transactions.

Wrongful Death

In the most tragic cases, nursing home abuse and neglect can lead to wrongful death. Wrongful death cases are especially devastating for families and require immediate legal action to hold responsible parties accountable.

Understanding Your Legal Rights

Nursing home residents in New Jersey and across the country are protected by federal and state laws that ensure their right to safe, respectful, and adequate care. These laws establish standards that nursing homes and assisted living facilities must follow, safeguarding residents from abuse, neglect, and mistreatment.

The Nursing Home Reform Act of 1987 is a key federal law to protect nursing home residents’ rights. This act mandates that care facilities provide services to maintain the highest level of physical, mental, and psychosocial well-being of residents. 

Under this law, residents are entitled to proper medical care, freedom from physical and mental abuse, and the right to report abuse or neglect without fear of retaliation.

In addition to federal laws, New Jersey nursing home residents are further protected under state regulations, including the New Jersey Nursing Home Bill of Rights. This legislation ensures that residents have the right to be treated with dignity, to receive adequate nursing care, and to live in a safe and clean environment. 

The law also empowers residents and their family members to report nursing home abuse and neglect to state authorities, including the New Jersey Department of Health and Adult Protective Services.

Eligibility to File a Claim

In cases of nursing home abuse, several parties have the right to file a claim to seek justice and compensation for the harm done. Typically, the following individuals or groups are eligible to file a nursing home negligence claim in New Jersey:

• Nursing Home Residents: The primary party who can file a claim is the nursing home resident who has been subjected to abuse or neglect.
• Family Members or Legal Guardians: In many cases, elderly nursing home residents may be physically or mentally unable to file a claim themselves due to the abuse they endured or existing health conditions. Family members or legal guardians can file a claim on the resident’s behalf in such instances.
• Estates of Deceased Residents: If a nursing home resident has passed away as a result of abuse, neglect, or wrongful death, the estate of the deceased can file a claim. This claim is often initiated by the personal representative or executor of the estate.
• State Agencies: In extreme cases where nursing home abuse has been reported to state authorities, agencies like Adult Protective Services may investigate and take legal action against nursing homes.

Liability in Nursing Home Neglect and Abuse Cases 

Nursing home abuse cases can involve several parties who may be held responsible for the harm caused to residents. Liability doesn’t rest solely with the individuals directly involved in the abuse but can also extend to those responsible for overseeing the resident’s care. Identifying all liable parties is crucial to ensuring justice and seeking full compensation for the victims.

• Nursing Home Staff Members: The most obvious parties responsible for abuse are the nursing home staff members directly involved in the mistreatment. Whether it involves physical abuse, neglect, or financial exploitation, staff members who violate the trust of residents can be held personally accountable.
• Nursing Home Administration: The administration overseeing the nursing home facility can also be held liable. If the nursing home fails to screen, train, or supervise its staff adequately, the administration can be responsible for enabling the abuse or neglect. Poor staffing practices, insufficient medical treatment, or failure to maintain safe conditions can make the facility liable for the harm caused.
• Third-Party Contractors: In some cases, nursing homes outsource certain services, such as medical care, therapy, or maintenance, to third-party contractors. If these contractors provide substandard care or fail to uphold the safety and care of residents, they, too, can be held liable for nursing home neglect or abuse.
• Manufacturers of Defective Equipment: Sometimes, nursing home abuse or neglect is exacerbated by faulty equipment, such as bed rails, wheelchairs, or medical devices. When injuries occur due to defective products, the manufacturers or distributors of the equipment may be liable for the resulting harm.
• Other Nursing Home Residents: Unfortunately, abuse can also occur between residents. In cases where a resident harms another—whether through physical violence or inappropriate behavior—both the abusive resident and the nursing home, for failing to prevent the abuse, may be held responsible.

How Our New Jersey Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our dedicated team of Nursing home neglect lawyers has extensive experience in handling complex cases involving nursing home abuse and neglect. We understand the emotional and physical toll that nursing home mistreatment takes on residents and their families, and we are committed to fighting for justice. 

Free Case Evaluation

We offer a free consultation to assess your case. During this free case evaluation, our attorneys will listen to your concerns, review the details of the suspected abuse, and provide you with a clear understanding of your legal options. We ensure you have the information needed to make informed decisions regarding your case without any upfront costs.

Case Investigation

Our attorneys conduct a thorough investigation to gather the necessary evidence, including medical records, witness testimonies, and documentation from the nursing home. We work to uncover instances of neglect, physical abuse, financial exploitation, or other forms of mistreatment. 

By building a strong case, we ensure that all aspects of the abuse are fully addressed, holding responsible parties accountable.

Filing the Claim

Once we have gathered sufficient evidence, we file the legal claim on your behalf. This process includes identifying the responsible parties, ensuring all legal requirements are met, and preparing the necessary documentation.

Settlement Negotiation

Most times, a nursing home abuse case is resolved through settlement negotiations before reaching trial. Our attorneys are skilled negotiators who will fight to secure a fair settlement that compensates for medical expenses, emotional distress, and other damages.

Trial Representation 

While many cases are settled out of court, we are fully prepared to take your case to trial if a fair settlement cannot be reached. Our legal team has extensive courtroom experience and will advocate tirelessly on your behalf to seek justice. We are committed to ensuring that responsible parties are held accountable, no matter how long it takes.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 346 Medicare-approved nursing homes in New Jersey. Of these, 126 facilities (36.4%) have received a below- or much-below-average overall score.

Specifically, 163 nursing homes (47.1%) fail health inspections, highlighting concerns about regulatory compliance and safety standards.

Regarding staff levels, 139 facilities (40.2%) received low scores, highlighting widespread inadequacies in staffing that can affect the quality of care and attention residents receive.

Regarding quality measures, 174 nursing homes (50.3%) rated poorly, indicating that most nursing homes in the state are not meeting high standards of care. [1]

The worst-rated nursing homes in New Jersey include:

Recognizing the signs of nursing home abuse is crucial for protecting your loved one from further harm.

Unfortunately, many forms of abuse go unnoticed because elderly residents may be too frightened or unable to speak up due to physical or mental health issues. Families and caregivers must be vigilant in looking for signs of something wrong.

Below are some common indicators of nursing home abuse:

• Physical Injuries: Unexplained bruises, broken bones, cuts, or marks from restraints may be signs of physical abuse. These injuries may occur without any reasonable explanation, and repeated instances of physical harm are especially concerning. Look out for any sudden changes in mobility or complaints of pain from the resident.
• Sudden Changes in Behavior: Mental and emotional abuse often manifests through sudden behavioral changes. If your loved one becomes withdrawn, anxious, depressed, or fearful—especially around certain staff members or residents—it may be a sign of abuse. Emotional abuse can also cause confusion, agitation, or unusual aggression.
• Poor Hygiene and Malnutrition: Neglect is a form of abuse often reflected in poor hygiene, malnutrition, or dehydration. If you notice that your loved one is not receiving adequate care, such as poor grooming, soiled clothing, or weight loss, this could be a sign of nursing home negligence. Lack of proper medical treatment, such as untreated bedsores, is also a serious red flag.
• Bedsores and Infections: Bedsores (also known as pressure ulcers) and frequent infections often indicate medical malpractice or neglect. Bedsores develop when residents are not regularly repositioned, and infections can occur due to unsanitary living conditions. These issues are preventable with proper care and should be addressed immediately.
• Financial Irregularities: Financial abuse in nursing homes is an often-overlooked form of exploitation. Signs may include sudden changes in a resident’s financial accounts, missing personal belongings, or unexplained withdrawals. If your loved one is being pressured to sign financial documents or make significant financial decisions, it’s a clear warning sign.
• Unexplained Changes in Medication: If you notice that your loved one is being overmedicated or is given inappropriate doses of medication, this could be a sign of medical negligence or even intentional abuse. Medication errors can lead to serious health consequences, including confusion, lethargy, or worsening medical conditions.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, it is critical to take immediate action to protect them and hold responsible parties accountable. Here is a step-by-step guide on what to do if you suspect abuse:

Call 911 If There Is Immediate Danger

If your loved one is in immediate danger, or you suspect that serious harm is occurring, call 911 right away. Emergency services can provide immediate assistance and ensure your loved one is safe. Medical professionals can also assess the resident for injuries and provide necessary treatment.

Report the Abuse to the Nursing Home Administrator or Management

If the situation is not an immediate emergency, report nursing home neglect to the administrator or management. It is important to notify those in charge of the care facility about your concerns so they can investigate and take corrective action. Ensure you document this report in writing, keeping a copy for your own records.

File a Complaint with Your Local Ombudsman’s Office

Every state, including New Jersey, has an Ombudsman program designed to address concerns about nursing home abuse and neglect. The Ombudsman advocates for nursing home residents, investigates complaints, and ensures that nursing facilities provide proper care. 

Filing a complaint with your local Ombudsman’s office ensures that an independent authority investigates the abuse. They can take action to protect the residents and improve care conditions at the nursing home.

Contact a Nursing Home Abuse Lawyer

After ensuring your loved one is safe, it’s important to seek legal assistance from an experienced New Jersey nursing home lawyer. An attorney can guide you through the legal process, help you understand your options, and assist in filing a claim. 

By taking legal action, you can hold the responsible parties accountable and seek compensation for the abuse your loved one has endured. Most law firms, including Nursing Home Law Center, offer a free consultation to discuss your case and determine the best path forward.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a loved one has been a victim of nursing home abuse or neglect, a family member or relative can pursue legal action against the responsible parties and seek compensation for the harm caused.

Economic damages are meant to compensate for the financial costs directly associated with the abuse or neglect. These damages are tangible and measurable, including:

• Medical expenses
• Relocation costs
• Funeral and burial costs
• Loss of personal property

Non-economic damages are intended to compensate for the emotional and psychological harm caused by the abuse. These damages are more subjective and may include:

• Pain and suffering
• Emotional trauma
• Loss of quality of life

Punitive damages are not awarded in every case, but they are meant to punish particularly egregious behavior by the responsible parties. These damages are awarded in cases where the abuse was especially malicious or intentional. Punitive damages serve as a deterrent to prevent care facilities and staff members from engaging in similar conduct in the future.

The Cost of Hiring a New Jersey Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of hiring a lawyer can be a concern for families already dealing with the emotional and physical toll of nursing home abuse.

That’s why we work on a contingency fee basis. This arrangement means you won’t pay any upfront fees or out-of-pocket expenses. Instead, our law firm only gets paid if we successfully recover compensation for you.

You Have Limited Time to Take Legal Action in New Jersey

For cases involving New Jersey nursing homes, a statute of limitations restricts the time you have to file an abuse lawsuit.

Typically, victims or their families must file a personal injury case within two years from the date the abuse or neglect occurred or from when it was discovered. Filing your claim within this time limit is crucial. You could lose your right to seek compensation entirely if you miss this deadline.

Contact a New Jersey Nursing Home Abuse Attorney Today!

If you suspect that your loved one has been a victim of nursing home abuse or neglect, the legal team at Nursing Home Law Center is here to help. With years of experience handling nursing home abuse cases, we have a proven track record of securing justice and compensation for victims throughout New Jersey.

Our compassionate attorneys are dedicated to holding responsible parties accountable and ensuring that nursing home residents receive the care and respect they deserve.

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

References: [1] CMS