Trenton Nursing Home Abuse Lawyer

Nursing home abuse is a tragic and all-too-common issue in Trenton and throughout Mercer County. When families decide to place a loved one in a nursing home, they expect their family members will receive proper care and respect. Unfortunately, many nursing homes fail to provide quality care, leading to incidents of neglect and abuse.

Victims and their families are often left feeling powerless and unsure of where to turn. That’s why it is crucial to seek the help of a knowledgeable Trenton nursing home abuse lawyer. By working with a skilled nursing home abuse attorney, families can pursue justice for their elderly loved ones and take legal action against negligent parties.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our priority is to secure justice and compensation for those affected by nursing home abuse. Our experienced legal team has a strong history of handling nursing home abuse and neglect cases with care and securing substantial settlements and verdicts.

We leave no stone unturned in our investigations, ensuring that every aspect of the abuse—whether medical costs, emotional distress, or other damages—is fully considered. With our extensive experience in nursing home abuse claims, we handle the complexities of these cases and work tirelessly to safeguard your rights.

Throughout the process, we provide compassionate and clear communication, making sure you and your loved ones feel informed, supported, and confident.

Types of Cases Handled by Our Trenton Nursing Home Abuse Lawyers

Nursing home abuse refers to any action that causes harm, injury, or distress to a resident. This abuse can take many forms, affecting victims both physically and emotionally. 

At Nursing Home Law Center, our Trenton nursing home abuse lawyers are experienced in handling a wide range of cases, ensuring that those responsible for mistreating nursing home residents are held accountable. Some of the most common types of nursing home abuse cases we handle include:

Physical Abuse

Physical abuse involves the intentional use of force that causes harm or injury to a nursing home resident. This can include hitting, slapping, or pushing, as well as the improper use of restraints.

Mental and Emotional Abuse

Mental and emotional abuse includes verbal threats, humiliation, or isolation, causing deep psychological distress for nursing home residents. Mental and emotional abuse may involve controlling or intimidating behavior, leading residents to feel helpless or afraid.

Sexual Abuse

Sexual abuse in nursing homes is an egregious violation of a resident’s rights and dignity. This form of abuse may involve unwanted sexual advances, inappropriate touching, or even sexual assault.

Medical Malpractice

Medical malpractice in nursing homes often arises when residents do not receive the necessary medical care. This can result in preventable injuries such as bed sores (also known as pressure ulcers), medication errors, or untreated infections.

Negligence

Negligence occurs when nursing homes fail to provide adequate care or supervision, leading to harm or injury to residents. This can include poor hygiene, malnutrition, dehydration, and cases where residents wander away from the facility (known as elopement).

Financial Abuse

Financial abuse is another severe form of nursing home abuse that involves the exploitation of a resident’s finances. This can include stealing money, forging signatures, or manipulating residents into changing their financial documents.

Wrongful Death

In some of the most tragic cases, nursing home abuse can lead to the untimely death of a resident. Whether due to physical abuse, neglect, or medical malpractice, the loss of a loved one in a nursing home is devastating. 

Families deserve justice and accountability when preventable death occurs. Our law firm has extensive experience handling wrongful death claims, helping families seek the compensation they deserve while holding facilities accountable for their negligence.

Understanding Your Legal Rights

Several federal and state laws protect nursing home residents, ensuring they receive quality care and are treated with dignity and respect. These laws establish guidelines for elder care facilities, upholding residents’ basic rights and holding those responsible for abuse or neglect accountable.

The Nursing Home Reform Act of 1987 is a critical piece of federal legislation that outlines the rights of nursing home residents and the responsibilities of nursing homes. Under this law, nursing homes are required to provide services and activities that maintain or improve the quality of life for residents. The act guarantees that residents have the right to:

• Be free from physical and mental abuse or any form of mistreatment.
• Receive proper medical care and have access to their medical records.
• Participate in their care plans and make decisions regarding their treatment.
• Voice grievances without fear of retaliation.
• Live in a safe and clean environment.
• Have access to social services and other activities that enhance their well-being.

The Centers for Medicare & Medicaid Services (CMS) oversee the enforcement of these standards, ensuring that nursing homes comply with the requirements outlined in the act. When nursing homes violate these standards, residents or their families may be entitled to take legal action to hold the facility accountable for its negligence.

In addition to federal protections, New Jersey nursing home residents are also protected under state-specific laws and regulations.

New Jersey’s Nursing Home Residents’ Bill of Rights ensures that individuals residing in nursing homes have the right to be treated with dignity, receive proper care, and live free from abuse, neglect, and exploitation. The New Jersey Department of Health is responsible for licensing and monitoring nursing homes, ensuring compliance with state regulations.

New Jersey law also requires nursing homes to report incidents of abuse and neglect to Adult Protective Services (APS) and other appropriate authorities. Elder care facilities that fail to provide proper supervision or adequate care may face penalties and legal action for violating these protections.

Eligibility to File a Nursing Home Abuse Claim 

When nursing home residents suffer abuse or neglect, they or their loved ones have the right to file a claim against the responsible parties.

In New Jersey, the resident and their legal representative, such as a guardian or power of attorney, can file a claim. Family members can pursue legal action if the resident cannot advocate for themselves due to physical or mental incapacity.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse occurs, responsibility often extends beyond just the individual perpetrating the abuse. Multiple parties can be held accountable, depending on the abuse or neglect circumstances. 

Identifying all responsible parties is crucial to ensuring victims receive the compensation they deserve, and those at fault are held accountable for their actions or failures.

Nursing Home Facility

The nursing home itself is often one of the primary entities held liable for abuse or neglect. Facilities have a legal duty to provide safe and quality care to residents. They can be held responsible for any harm when they fail to properly train staff, maintain safe conditions, or follow established regulations.

Staff Members

Nursing home staff members, including nurses, aides, and caregivers, can be held directly accountable for abusing or neglecting residents. This includes instances of elder abuse or failure to provide proper care, such as neglecting a resident’s hygiene, nutrition, or medication needs. 

Staff members who intentionally harm residents or fail to meet their duties can face civil and criminal charges.

Third-Party Contractors

Some nursing homes hire third-party contractors for medical care, security, or maintenance services. If these contractors fail to perform their duties appropriately—such as a medical provider administering the wrong medication or a security contractor failing to prevent intruders—the contractor may share liability for any resulting harm.

Other Residents

In some cases, nursing home abuse may come from other residents. While residents themselves may not be legally liable, the facility can be held accountable if it fails to intervene or protect residents from harm caused by other individuals in the facility.

How Our Trenton Nursing Home Abuse Attorneys Can Help

Our Trenton nursing home abuse attorneys at Nursing Home Law Center have extensive experience handling complex cases. We are committed to securing justice for victims and holding facilities accountable for their negligence. 

With a deep understanding of federal and state laws, our legal team has a proven track record of achieving significant results in nursing home negligence cases throughout New Jersey. From the moment you reach out to us, we provide personalized support and a comprehensive legal strategy to ensure your loved one’s rights are fully protected. 

Here’s how our nursing home abuse lawyers can help:

Free Case Evaluation

We offer a free consultation to assess the details of your case and determine the best legal course of action. Our legal team will listen to your concerns during this evaluation, review the facts, and explain your legal options. This no-obligation meeting allows you to understand the strength of your case and the steps we can take to pursue justice for your family member.

Case Investigation

A thorough case investigation is critical in nursing home neglect cases. Our attorneys work alongside medical experts, investigators, and other professionals to gather evidence, including medical records, witness statements, and facility reports. 

We meticulously examine all aspects of the case to identify the liable parties and uncover any patterns of neglect or abuse within the nursing home. By building a solid foundation of evidence, we position your case for the best possible outcome.

Filing the Claim

Once the investigation is complete, our legal team will file the claim against the liable parties. Whether it’s a claim for elder abuse, financial exploitation, medical malpractice, or wrongful death, our nursing home abuse lawyers ensure that all necessary legal documents are prepared and submitted promptly. 

We handle the entire process, allowing you to focus on the well-being of your elderly loved one.

Settlement Negotiation

Many nursing home neglect cases are resolved through settlement negotiations, where compensation can be awarded without the need for a trial. Our attorneys have extensive experience negotiating with insurance companies, care facilities, and their legal teams to secure fair and just settlements for our clients. 

We fight tirelessly to ensure that all damages, including medical expenses, emotional trauma, and long-term care needs, are fully addressed.

Trial Representation 

If a fair settlement cannot be reached, our trial lawyers are fully prepared to take the case to court. With years of courtroom experience, we have successfully represented victims of nursing home abuse in trials across New Jersey. 

We are relentless advocates for our clients, presenting compelling arguments and evidence to hold negligent parties accountable and achieve the justice and compensation your family deserves.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 123 Medicare-approved nursing home facilities in Trenton, New Jersey, and a significant portion are struggling with their overall ratings and inspections. Specifically, 46 of these homes, or 37.4%, have received an overall rating of below or much below average.

Health inspections are a critical concern, as 52 facilities, or 42.3%, scored poorly in this category. This suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels also present challenges, with 48 nursing homes (39%) receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.

However, the situation is more optimistic regarding quality measures, as only ten nursing homes (8.1%) received low ratings in this area. This indicates that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care. [1]

The worst-rated nursing homes in Trenton include:

Recognizing the signs of nursing home abuse is essential to protecting the safety and well-being of residents. Abuse can often go unnoticed, especially if the victim is unable or afraid to speak out. Loved ones should remain vigilant for any indicators that their family member may suffer neglect or mistreatment. 

Below are some of the most common signs of nursing home abuse:

• Unexplained Injuries: Bruises, cuts, broken bones, or other severe injuries without a clear explanation may be a result of elder abuse or neglect.
• Bed Sores: Also known as pressure ulcers, these sores often result from a lack of movement and improper care, indicating neglect.
• Poor Hygiene: Nursing home residents may appear unkempt, with dirty clothes, unwashed hair, or poor personal hygiene, all signs of neglect.
• Weight Loss or Malnutrition: Sudden or drastic weight loss can signal that a resident is not receiving adequate nutrition or is being neglected.
• Dehydration: Signs of dehydration, such as dry skin, cracked lips, or excessive thirst, may indicate that a resident is not receiving proper care.
• Withdrawal or Isolation: A sudden change in a resident’s behavior, such as becoming withdrawn or avoiding interaction, could be a sign of mental or emotional abuse.
• Mood Swings or Depression: Unexplained changes in mood, including depression, anxiety, or fearfulness, may indicate psychological abuse.
• Fear of Certain Staff Members: If a resident appears fearful or anxious around specific staff members, it may be a red flag for elder abuse or mistreatment.
• Unexplained Agitation or Aggression: Sudden outbursts of anger or agitation can be an indication of underlying elder abuse.
• Unexplained Bank Withdrawals: Sudden or large withdrawals from a resident’s bank account may signal financial exploitation.
• Changes in Financial Documents: Changes to wills, powers of attorney, or other financial documents without a clear explanation can indicate manipulation or exploitation.
• Missing Personal Belongings: The disappearance of personal items such as jewelry, cash, or valuable possessions may be a sign of financial exploitation within the facility.
• Frequent Infections: Recurring infections or untreated medical conditions may indicate neglect or improper medical care.
• Medication Errors: Signs of overmedication or undermedication, such as lethargy or erratic behavior, could point to medication errors by nursing home staff.
• Untreated Injuries or Medical Conditions: When medical conditions or catastrophic injuries go untreated, it may be a sign that the nursing home is failing to provide quality care.
• Unsanitary Living Conditions: Dirty or hazardous living conditions, such as unclean bathrooms, soiled bedding, or general neglect of the resident’s living space, are clear indicators of neglect.
• Elopement: Residents wandering unsupervised or leaving the facility without staff intervention are signs that the nursing home is not providing adequate supervision or care.

What to Do If You Suspect Nursing Home Abuse

If you believe that your elderly loved one is being abused or neglected in a nursing home, taking immediate action is crucial to protect their safety and well-being. Here are the steps you should follow:

Call 911 if There Is Immediate Danger

If your loved one is in immediate danger or has suffered severe injuries, call 911 right away. Emergency services can provide immediate assistance and ensure your loved one receives medical attention. Proper authorities can also help secure evidence of abuse and investigate the situation further.

Report the Abuse to the Nursing Home Administrator or Management

Notify the nursing home administrator or management of your concerns immediately. Nursing homes have a responsibility to address allegations of abuse or neglect promptly. Document the names of those you speak with, the dates, and any actions they take. 

This step allows the facility to investigate and take corrective action if necessary, but it should not be your only action.

File a Complaint with Your Local Ombudsman’s Office

The Ombudsman’s office serves as an independent advocate for nursing home residents. Ombudsmen are responsible for investigating complaints, resolving disputes, and protecting residents’ rights. 

Filing a complaint with your local Ombudsman can initiate an investigation into the facility’s practices, and they can help facilitate resolution. They can also provide additional resources to ensure your loved one’s rights are respected.

Contact a Nursing Home Abuse Lawyer

Finally, reach out to an experienced nursing home abuse attorney. A New Jersey nursing home abuse lawyer can help you understand your legal options, conduct a thorough investigation into the abuse, and hold the liable parties accountable. 

At Nursing Home Law Center, our legal team can provide a free consultation to evaluate your case and help you take the necessary legal steps to protect your elderly loved one. By working with a skilled nursing home abuse attorney, you can pursue compensation for medical bills, emotional trauma, and other damages caused by the abuse.

Damages You Can Recover Through a Nursing Home Abuse Claim

Through a nursing home abuse claim, victims and their families may be entitled to recover several types of damages, such as:

Economic Damages

Economic damages are intended to compensate the victim and their family for measurable financial losses directly caused by the abuse or neglect. These include:

• Medical Expenses: Costs for medical treatment related to the abuse, such as hospital bills, surgeries, rehabilitation, medications, and ongoing care.
• Long-Term Care Costs: If the victim requires additional care or placement in a different facility due to the abuse, the costs of this care may be recoverable.
• Funeral and Burial Expenses: In cases involving wrongful death, families can recover the costs of funeral and burial services.
• Lost Income or Financial Support: If the victim provided financial support to family members or lost income due to the abuse, compensation for these losses may be sought.

Non-Economic Damages

Non-economic damages are more difficult to quantify but are equally important in recognizing the emotional and psychological impact of nursing home abuse. These include:

• Pain and Suffering: Compensation for the physical and emotional pain endured by the victim as a result of abuse or neglect.
• Emotional Distress: Victims may experience severe emotional trauma, including anxiety, depression, fear, and post-traumatic stress disorder (PTSD), due to their mistreatment.
• Loss of Quality of Life: Abuse can severely impact a victim’s ability to enjoy life, maintain independence, and participate in activities they once enjoyed. Compensation may be awarded for this diminished quality of life.
• Loss of Companionship: Family members may be entitled to compensation for the loss of emotional support and companionship when a loved one suffers abuse or neglect.

Punitive Damages

In cases where the abuse was particularly egregious, courts may award punitive damages to punish the liable parties and deter similar behavior in the future. These damages go beyond compensation for the victim’s losses and serve as a way to hold care facilities accountable for gross negligence or willful misconduct.

The Cost of Hiring a Trenton Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of hiring an attorney can be a concern for many families. That’s why our Trenton nursing home abuse lawyers work on a contingency fee basis, meaning you don’t pay any upfront costs or legal fees.

This arrangement allows families to pursue justice without worrying about added financial strain. If we win your case, our fees are a percentage of the settlement or verdict, which will be discussed transparently.

You Have Limited Time to Take Legal Action in Trenton

If you suspect your elderly loved one has suffered from nursing home abuse, it’s important to act quickly due to the statute of limitations. In New Jersey, the law limits how long victims and their families have to file a lawsuit.

Typically, you have two years from the date the abuse occurred or was discovered to file a claim. However, certain factors, such as the mental or physical condition of the nursing home resident, may affect the statute of limitations.

Failing to file within this time frame may result in losing your right to pursue compensation and hold the liable parties accountable. It’s essential to consult with an experienced Trenton nursing home abuse lawyer as soon as possible to ensure your legal rights are protected.

Our legal team can evaluate your case and help you navigate the legal process before the deadline passes.

Contact a Trenton Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we have extensive experience representing victims of nursing home abuse and neglect in Trenton and across New Jersey. Our legal team is dedicated to holding negligent nursing homes and caregivers accountable for the harm they cause.

With a proven track record of securing significant settlements and verdicts, we provide the expertise and compassionate support you need during this difficult time.

If your elderly loved one has suffered abuse in a nursing home, don’t wait to take action. Contact our Trenton nursing home abuse lawyers today for a free consultation. We’ll review your case, discuss your legal options, and fight to secure the compensation and justice your family deserves.

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

References: [1] Medicare