Zealously Defending Your Rights And Recovering Compensation For Your Injuries

Experienced New Jersey Nursing Home Abuse Attorneys

Elder abuse in nursing homes involves intentional actions that either cause injury to residents or pose a significant risk of harm. Elderly individuals are particularly vulnerable to various types of mistreatments, including physical emotional, and mental abuse. It’s crucial to be vigilant about everyone who interacts with your loved one. Often, elder abuse is linked to nursing home negligence, where caregivers and staff fail to prevent serious injuries or adequately maintain the premises to minimize injury risks.

At Flynn Law, our nursing home abuse attorneys can help protect your elderly loved ones and seek justice for their suffering after instances of nursing home abuse. Clients in Mount Laurel and throughout New Jersey have trusted us to help them seek the compensation they deserve.

New Jersey State And Federal Regulations For Nursing Homes

Nursing home residents have rights, and both New Jersey state regulations and federal regulations are in place to protect these rights. These regulations are designed to protect a vulnerable portion of the American population from abuse and neglect, allowing them to live safe, healthy and happy lives in nursing homes and assisted living facilities.

To begin with, nursing homes must adhere to a specific standard of care; similarly to medical malpractice cases, it can be neglectful if a resident’s care does not meet the standard they would expect in a typical facility. Not only should residents be protected from abuse, but they are also protected from negligence. The specific laws that define these standards of care depend on the type of facility, and the following are the four main examples:

  • Assisted Living Facilities: N.J.A.C. 8:36
  • Residential Health Care Facilities: N.J.A.C. 8:43
  • Long-Term Care Facilities: N.J.A.C. 8:39
  • Nursing Homes: N.J.A.C. 8:34

Our legal team would be happy to help you go over these statutes to understand exactly what standards must be upheld.

There is also a Nursing Home Residents Bill of Rights in New Jersey. Residents have a right to:

  • Proper medical care
  • Financial autonomy
  • Freedom from restraints
  • A safe physical environment – including freedom from abuse
  • Visits and activities
  • Telephone privileges
  • Confidentiality
  • Proper conduct during transfers or discharges

Under New Jersey law, all residents should have clean, safe conditions, they should be able to participate in a Resident Council and they should be treated with dignity and respect.

In order to ensure that these standards are met, the New Jersey Department of Health carries out periodic nursing home inspections or surveys. These inspections usually take three or four days, and they happen annually. If a nursing home has a low rating, inspections can be carried out more than once a year. The Department of Health then generates a written report so that the facility can correct the violations, but a $5,000 fine can be given out for every violation that remains.

Types Of Elder Abuse

There are many ways that elderly people can be taken advantage of by those who mean to do harm. The elderly are vulnerable and can be easy prey for someone with ulterior motives. Elder abuse can include:

  • Physical abuse is when physical injury is inflicted upon or threatened against an elderly person, or when they are deprived of basic necessities.
  • Psychological or emotional abuse occurs when a caretaker does something to create mental or emotional distress in an elderly person.
  • Sexual abuse is considered as non-consensual sexual contact of any kind with an elderly person.
  • Financial exploitation is generally when a person illegally takes, misuses, or conceals the money, property or assets of an elderly person.
  • Elder neglect is the failure or refusal of a caretaker or nursing home staff responsible for the care of an elderly person to provide basic necessities such as food, shelter, health care and protection.
  • Self-neglect is when an elderly person displays behavior that threatens his or her own health or safety and intervention is required.
  • Abandonment occurs when an elderly person is deserted by a caretaker, who has assumed responsibility for proper care.

Our elder abuse attorneys fight to protect those who are vulnerable by holding negligent wrongdoers accountable for their actions.

Common Signs Of Nursing Home Abuse

When you entrust your loved ones into the care of a nursing home, you reasonably expect that they will not suffer abuse or neglect. Unfortunately, the signs of nursing home abuse can be subtle and easy to miss.

Nursing home abuse is a serious concern that can manifest in various forms, impacting the well-being of vulnerable residents. Recognizing the signs of abuse is the first step toward taking action to protect your loved ones. Here are some common indicators that may suggest a resident is experiencing abuse or neglect:

  • Physical abuse signs: Unexplained bruises, cuts or burns, frequent injuries, often explained away as “accidents,” signs of restraint, such as marks on wrists or ankles, a sudden change in behavior, such as appearing scared or withdrawn around certain staff members
  • Emotional abuse signs: Unusual behavior changes, such as withdrawal from social activities or sudden fearfulness, depression or anxiety that wasn’t present before, reluctance to speak in the presence of caregivers, any signs of belittling, threats or other verbal abuse
  • Neglect signs: Poor personal hygiene or unchanged clothes for long periods, unattended medical needs, such as missing medications or unaddressed health problems, unsafe or unclean living conditions and sudden weight loss or signs of malnutrition and dehydration
  • Financial abuse signs: Unexplained withdrawals from bank accounts, changes in a will or other financial documents, missing personal belongings, sudden inability to pay bills despite adequate financial resources

If you notice any of these signs, it’s crucial to take immediate action. Speak with your loved one if possible, document your observations and consider reaching out to a lawyer who specializes in nursing home abuse. An experienced attorney can provide guidance on how to protect your loved one and help you initiate a lawsuit if necessary to hold the responsible parties accountable.

What To Do If You Suspect Nursing Home Abuse?

Discovering signs of abuse in a nursing home can be distressing and overwhelming. If you suspect that a loved one is suffering from abuse or neglect in a care facility, it is crucial to act swiftly and decisively to protect them.

Here are the steps you should take to address the situation and ensure their safety:

Document the evidence: Begin by documenting any signs of abuse or neglect. Take photographs of physical injuries such as bruises, cuts or bedsores. Keep a detailed record of incidents that seem suspicious, including dates, times and descriptions of the events. Note any sudden changes in behavior or health that you observe.

Speak to your loved one: If possible, speak privately with your loved one about your concerns. They may be able to provide details about their experiences. Ensure that the conversation is held without the presence of potentially abusive staff members.

Report your concerns: Report your suspicions immediately to the management of the nursing home. If you believe the situation is not being addressed adequately or if the abuse is severe, escalate your concerns. You can contact local authorities, such as the police, especially if there is immediate danger. You should also contact New Jersey’s Adult Protective Services (APS) agency and report the abuse or neglect.

Consult with an attorney: Contact an attorney who specializes in nursing home abuse. Legal experts can offer advice on how to proceed and can help protect your loved one’s rights. An attorney will also be able to assist in holding the abusive parties and the facility accountable, whether through negotiation or by pursuing a lawsuit.

Relocate your loved one: If the situation warrants, consider relocating your loved one to another facility. Ensure that the new home is thoroughly vetted to prevent recurrence of abuse.

Follow up: Stay involved in the care of your loved one by visiting them regularly and by speaking to staff and other residents. Continuous engagement can help prevent future incidents of abuse and ensure that your loved one receives the care they deserve.

Taking these steps can be crucial in stopping abuse and protecting your loved one. Remember, nursing home abuse is not only a violation of personal rights but also a serious crime. Prompt action can make a significant difference in the safety and well-being of your loved one.

What Compensation Is Available For Elder Abuse Victims?

Victims of elder abuse and their families can pursue justice and financial restitution to cover various damages resulting from the abuse. In these cases, you can obtain compensation to cover the cost of medical treatment required due to injuries sustained from abuse. This includes hospital stays, medications, physical therapy and any future medical care related to the abuse.

You can also seek compensation for physical pain and emotional distress. This acknowledges the noneconomic impact of abuse, such as anxiety, depression and loss of enjoyment of life. If the abuse leads to long-term disability or disfigurement, compensation may include costs associated with long-term care, adaptations needed for living spaces and other life adjustments.

If it becomes necessary to move the victim to a different facility due to the abuse, costs incurred during the relocation process can be recovered. In cases of financial abuse, compensation can include the recovery of stolen or misappropriated funds and assets.

Each case of elder abuse is unique, and the types and amounts of compensation will vary based on the specifics of the situation. We will help you navigate the complexities of these cases so that you can help your loved one obtain the compensation they deserve.

Call Us Today To Help Protect Your Loved Ones

We understand how overwhelming it is when you discover that your elderly loved one is suffering from abuse or neglect in their nursing home. Our attorneys at Flynn Law, are here to help you obtain the compensation you deserve. To schedule a free consultation, call us at 888-774-2960 or fill out our online contact form.