Hundreds of thousands of people rely on nursing homes to provide quality, safe services. However, when there is nursing home neglect, elder abuse or mistreatment of patients, beyond reporting the facility to the local government authorities, it is the responsibility of the caregiver to contact a lawyer to fight for your loved one (and by pointing out a problem, helping other residents as well.)
Some of the more common nursing home abuse cases for which injury claims have been pursued include:
- Neglect and Negligent Care
- Bed Sores or Pressure Ulcers
- Dehydration and malnutrition
- Abuse and Assault
- Restraint Injuries and Strangulation
- Falls and Fractures
- Wandering and Leaving the Facility
- Wrongful Death
Potential medical malpractice lawsuits may also arise from nursing home care, including:
- Misdiagnosis or Failure to Diagnose
- Prescription Errors
- Medical Mistakes
Every claim for abuse in nursing homes and nursing home negligence does have a deadline, known as a statute of limitations, which requires that any lawsuit be filed by a certain date, which is generally two years in New Jersey. Therefore, it is important to review any potential nursing home negligence claim with a qualified attorney as soon as possible to make sure your family’s legal rights are protected.
Fortunately, the law is on your side when demanding that loved ones recieve professional and competent. care.
Frequently Asked Questions
Table of Contents
Q: If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?
A: Yes, nursing home residents (or their survivors) who are harmed due to nursing home neglect may recover damages under several different legal theories, even in the absence of a contract. A resident might have a cause of action that arises out of negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, or negligent selection or maintenance of equipment. In addition, a nursing home resident who has been abused can pursue damages for assault and battery.
Q: What rights do residents of nursing homes have?
A: Nursing home residents have rights guaranteed by law, just as all residents in a nursing facility that participates in the Medicare program has the right, under statute, to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. Restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to insure the safety of the resident or other residents. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws, which will vary from state to state.
Q: What will happen if a nursing home resident complains of neglect or abuse?
A: Today, all states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations. An investigation will usually include interviews with the resident, his or her family members, and nursing home staff and management. If the allegations are founded, adult protective services will provide services to the older person to try to remedy the problems and prevent their recurrence; however, there may be situations where the victim or the victim’s family do not feel satisfied or justly compensated for the injury or indignity suffered at the hands of the nursing home. In such cases, the resident or resident’s family member should speak to an attorney about bringing a civil action for damages against the nursing home. In addition, the circumstances may warrant a criminal prosecution.
Q: What qualifies as “neglect” in the nursing home setting?
A: Most states define neglect of an older person as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care. Whether such failures are intentional, or simply careless, often will determine whether a case against a nursing home is framed as one for neglect or abuse.
Q: Why are neglect and abuse common in the nursing home setting?
A: Several factors have been shown to contribute to the abuse or neglect of nursing home residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; insufficient numbers of staff; the isolation of residents; and, the known reluctance of residents to report abuse out of embarrassment or fear.
Q: How can acts of abuse or neglect by a nursing home be addressed in legal proceedings?
A: An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following proceedings: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages (a lawsuit); and/or, 3) a criminal prosecution. These proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the goal of a civil action (lawsuit) is to remedy damages; and the criminal prosecution is meant to punish the harmful conduct.
Q: What constitutes “exploitation” in the nursing home setting?
A: Many states define exploitation as the wrongful use of an older person’s resources for profit or advantage. Some definitions refer simply to the misuse of an older person’s funds, property or person. Other states specify that, to qualify as exploitation, resources must have been obtained without the older person’s consent, or obtained through undue influence, duress, deception or false pretenses.
Contacting an Attorney
The trial attorneys at Gartenberg Howard LLP are experienced in the law and legal procedures for obtaining justice and compensation for nursing home negligence or abuse.
After requesting a free consultation with one of our attorneys, there is no obligation to hire our law firm to handle your family’s nursing home negligence lawsuit.
For additional help and a free consultation call us at (201) 488-4644 or request a consultation.