Nursing Home Neglect Can Have Devastating Consequences For Families
Losing a loved one in a nursing home can be heartbreaking, especially if neglect or abuse played a role in their death. When staff members fail to provide proper care, families may have legal options to seek justice. Our wrongful death nursing home lawyer in Shrewsbury, NJ, can help determine if a facility’s actions or lack of care led to your loved one’s passing.
This article explains how wrongful death cases work and what steps you can take if you suspect neglect. Learning about your legal rights can help you make the best choice for your family.
Quick Summary:
- A nursing home wrongful death case occurs when a resident dies due to neglect or mistreatment, such as infections, falls, bedsores, or medication errors. Signs of negligence may include unexplained injuries, sudden weight loss, poor hygiene, and emotional distress. In New Jersey, certain family members and an estate representative can file a wrongful death claim. Legal action can hold nursing homes accountable and help prevent future harm to residents.
- After a nursing home wrongful death in New Jersey, gathering medical records, reporting the incident, and collecting evidence can help build a case. Authorities like the New Jersey Department of Health investigate complaints, which may lead to penalties. Speaking with witnesses and documenting poor conditions can strengthen claims. Legal action may provide compensation for medical costs and emotional suffering while holding the facility responsible.
- Families in New Jersey can seek compensation for medical bills, funeral costs, lost financial support, and emotional suffering after a nursing home wrongful death. Claims may also cover pain experienced before passing and loss of companionship. The lawsuit must be filed within two years of the death under state law. Acting promptly can help strengthen the case and improve the chances of recovering damages.
What Is a Nursing Home Wrongful Death Case?
A wrongful death case happens when someone dies because of another person’s careless or harmful actions. In nursing homes, this can happen if staff members fail to provide proper care, leading to fatal injuries or illnesses. Common causes include infections, falls, bedsores, and medication errors. If a nursing home did not follow safety rules or ignored a resident’s needs, the facility may be held responsible.
Holding a nursing home accountable can help prevent similar harm to other residents. Taking legal action can help bring justice to your family and protect others from harm.
What are the Signs of Negligence or Wrongful Death in a Nursing Home?
Neglect in a nursing home can have serious consequences, including wrongful death. If staff members fail to provide proper care, residents may suffer from injuries, malnutrition, infections, or even fatal medical complications. Here are the signs that could indicate negligence or wrongful death in a nursing home:
- Unexplained Injuries: Bruises, fractures, or cuts may indicate falls or physical abuse. If staff cannot provide a clear explanation, there may be neglect.
- Bedsores and Infections: Pressure sores happen when a resident is left in one position for too long. These sores can lead to severe infections if untreated.
- Sudden Weight Loss: Malnutrition and dehydration can occur if staff members fail to provide food, water, or medical care. A drastic drop in weight could mean neglect.
- Poor Hygiene: Dirty clothing, unwashed hair, or bad smells can be signs that staff are not helping with daily needs. Nursing homes must assist residents with bathing and grooming.
- Emotional Changes: Fear, withdrawal, or sudden mood swings may signal abuse or neglect. If a loved one seems afraid of staff or other residents, it should not be ignored.
- Medication Errors: Missing doses or giving the wrong medicine can have life-threatening effects. If a resident receives improper treatment, the facility could be responsible.
Who Can File a Wrongful Death Claim in New Jersey?
The pain of losing a loved one because of another person’s carelessness is unbearable. If you are thinking about suing a nursing home for wrongful death, you need to know who has the right to file a claim. In New Jersey, certain family members can seek justice when a loved one dies due to neglect or abuse. Below are the individuals who may file a wrongful death claim in New Jersey:
- Spouse and Children: A surviving spouse or children are first in line to file a wrongful death claim. They can seek compensation for lost income, loss of companionship, and emotional suffering.
- Parents of the Deceased: If there is no spouse or children, the deceased person’s parents may file a claim. They may recover damages if they depend on their child for financial or emotional support.
- Siblings or Other Dependents: If no spouse, children, or parents are alive, siblings or others who relied on the deceased for financial support may have a right to file. New Jersey law allows dependents to recover damages in some cases.
- Estate Representative: A person named in the deceased’s will or appointed by the court may file on behalf of the estate. Any compensation received is then distributed to the rightful heirs.
What are the Steps to Take After a Nursing Home Wrongful Death in New Jersey?
If you believe wrongful death happened, taking action right away can help protect your family’s rights. You may need to gather evidence, report the incident, and explore legal recourse for elder neglect deaths in NJ. Each step is important in seeking justice and holding the nursing home accountable. While the process may feel overwhelming, knowing what to do can make a difference. Here are the steps you should take after a nursing home wrongful death in New Jersey:
1. Get a Copy of Medical Records
Medical records can help show if the nursing home fails to provide proper care. You should request copies of doctor’s notes, medication lists, and hospital reports. These documents may reveal signs of neglect, like untreated infections or malnutrition. If the nursing home refuses to release records, you may need legal help to get them. Under 42 U.S.C. § 1395i-3, residents and their families have a right to access medical records within 24 hours of a request.
2. Report the Death to the Authorities
A wrongful death in a nursing home should be reported to state agencies. In New Jersey, you can file a complaint with the New Jersey Department of Health. These agencies investigate abuse and neglect in long-term care facilities. Reporting the issue creates a record and may lead to penalties against the nursing home.
3. Gather Evidence of Neglect
Evidence is needed to prove that the nursing home was responsible for your loved one’s death. Take photos of injuries, poor living conditions, or unsafe practices. Speak to staff members, other residents, or visitors who may have witnessed neglect. Keep records of any complaints made before the death. The more evidence you have, the stronger your case will be.
4. Seek Legal Help
Filing a claim against a nursing home can be complicated. A wrongful death attorney can review your case and explain your legal options. Legal action can help recover damages for medical costs, funeral expenses, and emotional suffering.
5. File a Wrongful Death Lawsuit
If the nursing home’s negligence caused your loved one’s death, you may be able to file a lawsuit. A wrongful death claim can hold the nursing home accountable and prevent similar harm to others. A lawsuit can also lead to policy changes in the facility to improve care for other residents.
What Compensation Can Families Receive for a Nursing Home Wrongful Death in New Jersey?
Suing a nursing home for wrongful death can help cover financial losses and bring accountability. Families in New Jersey may be eligible for different types of compensation, depending on the situation. Below are some types of damages you may recover in a wrongful death claim:
- Medical Expenses: If your loved one received medical care before passing, you may recover costs for hospital stays, treatments, and medications. These expenses can add up quickly, and a claim can help cover them.
- Funeral and Burial Costs: The cost of a funeral and burial can be expensive. A wrongful death lawsuit may help pay for these necessary expenses, easing the financial burden on your family.
- Loss of Financial Support: If your loved one helped support your household, you may recover lost wages and benefits. This is especially important if they provide for a spouse or dependent children.
- Pain and Suffering: Some cases allow for damages related to the emotional pain your loved one endured before passing. This may include suffering from neglect, abuse, or untreated medical conditions.
- Loss of Companionship: Losing a parent, spouse, or other close family member affects your emotional well-being. Compensation may be available for the loss of love, comfort, and support they provided.
How Long Do I Have to File a Wrongful Death Claim in New Jersey?
Time is a major factor when filing a claim after losing a loved one in a nursing home. In New Jersey, the statute of limitations for suing a nursing home for wrongful death is two years from the date of death (N.J. Stat. § 2A:31-3). If you do not file within this time, you may lose your chance to seek compensation for wrongful death cases.
Acting quickly can help you gather the right evidence and build a strong case. Waiting too long can make it harder to prove what happened. Filing on time gives you a better chance of receiving the justice and compensation your loved one deserves.
How Our Wrongful Death Nursing Home Lawyer in Shrewsbury, NJ Can Help
Justice matters when a loved one suffers due to neglect in a nursing home. Filing a claim may seem difficult, but you do not have to face it alone. At Kreizer Law, our wrongful death nursing home lawyer in Shrewsbury, NJ, can help you build a strong case and fight for the justice your family deserves. If you are thinking about suing a nursing home for wrongful death, gathering evidence, medical records, and witness statements is critical. The right legal steps can hold the facility responsible and prevent future neglect.
Our personal injury law firm is ready to stand by your side and guide you through the legal process. Seeking legal recourse for elder neglect deaths in NJ can bring peace of mind and financial relief during this difficult time. Taking action now can make a difference for other families facing similar tragedies. Contact us now for a free consultation, and let’s discuss your legal options today. Whether you’ve been injured in a medical malpractice incident, involved in a worker’s compensation case, or been the victim of nursing home abuse, sexual abuse, or wrongful conviction, we’re ready to help you get a successful resolution to your case.
