Nursing Home Abuse Attorneys New Jersey

When we make the tough choice to place a loved one in a nursing home, we expect them to receive kindness and compassionate care. Unfortunately, cases of nursing home abuse and neglect in New Jersey are all too common, making it essential to seek guidance from nursing home abuse attorneys in New Jersey who can help you pursue justice for your family.

Nursing homes are trusted to take good care of our elderly loved ones, providing the necessary care and support as they age and deal with health issues. Proper staffing is essential to ensure residents receive the attention they need. If a nursing home fails to meet these standards, legal action can be taken to hold them responsible and protect your loved one’s rights.

Quick Summary: 

• Nursing home abuse involves intentional harm caused by staff or management, while neglect is the failure to provide necessary care and attention. Both forms of mistreatment violate residents’ rights under federal and state law.
• Nursing home residents can suffer abuse and neglect due to staff misconduct, inadequate training, or understaffing. Abuse can be physical, emotional, sexual, or financial, with signs like unexplained injuries, mood changes, and changes in financial status. In New Jersey, strict laws protect nursing home residents’ rights, allowing victims to seek compensation for harm caused by substandard care. If you suspect abuse, contact a nursing home abuse attorney to protect your loved one’s rights and seek justice.
• If you discover your loved one has suffered abuse in a nursing home, act quickly to ensure their safety by contacting emergency services and relocating them to a safe environment. Document the abuse with photos, detailed logs, and relevant medical records, then report the abuse to authorities. Consult with nursing home abuse attorneys to explore legal options, seek compensation, and provide emotional and medical support to aid in their recovery.
• Nursing home abuse can cause severe physical, emotional, and financial damage, and victims may seek compensation for medical expenses, pain and suffering, mental anguish, loss of enjoyment, and punitive damages. If abuse results in death, wrongful death damages may also be pursued. Legal actions must typically be filed within two years of the incident or discovery of the injury, but exceptions can extend this timeframe, making prompt consultation with experienced New Jersey nursing home abuse attorneys critical.

What is Nursing Home Abuse?

“Nursing home abuse” is a blanket term for harm suffered by nursing home residents due to negligence, carelessness, or deliberate acts by staff or management. It can take many forms and can be intentional or unintentional. Assisted living and nursing home residents have rights under federal and state law.

What is the Difference Between Nursing Home Neglect and Abuse? 

Nursing home abuse occurs when a nursing home administrator or staff member intentionally causes physical, emotional, or sexual harm to a resident. Nursing home abuse can take many forms, including hitting or shoving, belittling or threatening, and engaging in non-consensual sexual contact.

On the other hand, nursing home neglect occurs when nursing homes do not provide residents with the necessary care and attention. That could include a failure to provide adequate food, water, medical care, or a safe and clean living environment. Neglect can also occur when nursing homes fail to help residents with their basic daily needs, such as bathing and dressing.

Types of Nursing Home Abuse and Warning Signs

Nursing home residents can suffer various forms of abuse and neglect due to staff misconduct. Often, facilities are understaffed, or their employees lack the necessary training to care for residents properly. This neglect and abuse can cause serious physical, emotional, and financial harm, which is never acceptable.

Physical Abuse

Physical abuse in nursing homes includes using force or violence to harm or injure a senior, such as hitting, pushing, slapping, or restraining them. Signs of physical abuse to watch for include unexplained bruising or wounds, pressure sores, falls, malnutrition, dehydration, and sudden behavioral changes. If your loved one has many injuries in different healing stages or staff cannot explain their injuries, this may show physical abuse.

Emotional Abuse

Emotional abuse involves causing emotional pain or distress to a senior through verbal harassment, intimidation, isolation, or humiliation. That can result in depression, anxiety, and low self-esteem, which can manifest as headaches, insomnia, or weight loss. Warning signs include sudden mood changes, withdrawal from social activities, and a reluctance to discuss their experiences in the nursing home. Emotional abuse is serious and can significantly impact a senior’s quality of life.

Sexual Abuse

Sexual abuse is a severe issue in nursing homes and can include any non-consensual sexual activity with a senior. This abuse can involve unwanted touching, rape, exposing private parts unnecessarily, or forcing a senior to watch or participate in sexual acts. Signs of sexual abuse include unexplained genital injuries, sexually transmitted infections, withdrawal, or sudden personality changes. Such abuse can cause severe physical and emotional harm.

Financial Abuse

Financial abuse in nursing homes involves the theft, fraud, or misuse of a senior’s money or property. That can include stealing cash, forging signatures, or coercing a senior into signing over assets. The consequences can be devastating, leading to the loss of life savings and financial independence, along with psychological trauma. 

Warning signs include sudden changes in financial status, unexplained withdrawals or transfers, and staff who refuse to allow others to communicate with the senior. Ensuring the safety and well-being of your loved one is critical. If you suspect any form of abuse, contact a qualified nursing home abuse attorney to help protect your loved one’s rights and pursue justice.

Understanding Your Rights in Cases of Nursing Home Abuse and Neglect

If your loved one has experienced nursing home abuse or neglect, they have the right to seek compensation. Suspecting mistreatment is serious, and a nursing home neglect and abuse attorney can help protect your loved one’s rights and pursue justice, especially for those unable to advocate for themselves.

Legal Protections for Nursing Home Residents

New Jersey enforces strict laws to protect nursing home residents. The New Jersey Nursing Home Law outlines specific Resident’s Rights, including the right to a safe and decent living environment. You can file a claim under the New Jersey Nursing Home Act if these rights are violated.

Additionally, you can file a compensation claim under state negligence laws. These laws apply when a resident is harmed due to substandard care. Nursing homes must provide care that maintains each resident’s highest possible physical, mental, and psychosocial well-being. If a facility fails to meet these care standards, it may be held legally responsible for any resulting harm.

How to Respond to Elder Abuse in Nursing Homes

It can be devastating to discover that a loved one has suffered abuse in a nursing home. Taking swift and decisive action is essential to ensure their safety, seek justice, and provide necessary support. If you suspect elder abuse, here are the immediate steps you should take to protect your loved one. 

• Prioritize Safety

• • • Immediate Threat: Contact emergency services if there’s an immediate danger.
    • Relocation: Remove your loved one from the abusive environment and find a safe place.
    • Seek Assistance: Contact authorities or social services for temporary shelter or protection.

• Gather Evidence

• • • Documentation: Take photos, keep a detailed log of incidents, and collect medical records.
    • Witness Statements: Gather statements from any witnesses to the abuse.
    • Preservation: Ensure evidence is preserved for potential legal action.

• Tell the Abuse

• • • Authorities: Notify local law enforcement, Adult Protective Services, or the state’s long-term care ombudsman.
    • Evidence: Provide all gathered evidence and information.
    • Cooperation: Cooperate fully with the investigation to initiate accountability.

• Pursue Legal Counsel

• • • Consultation: Consult with attorneys focusing on nursing home abuse or elder law.
    • Guidance: Attorneys can guide you through legal processes and advocate for your loved one’s rights.
    • Compensation: Explore options for seeking compensation for damages.

• Offer Support

• • Emotional Support: Provide a safe space for your loved one to express their feelings.
  • Medical Care: Ensure they receive prompt medical attention for injuries or health issues.
  • Therapy: Encourage counseling or therapy to address emotional trauma.

Nursing Home Abuse Compensation in NJ

If you believe your loved one has been a victim of abuse in a New Jersey nursing home, it’s important to know the types of compensation that may be available. Here are common types of compensation that victims of nursing home abuse can pursue:

• Medical Expenses: Injuries or worsened health conditions often result from abuse. Compensation can cover hospital stays, doctor’s visits, medication, surgeries, and therapy.
• Emotional Toll: Abuse can lead to severe emotional distress, including anxiety, depression, and PTSD. Compensation aims to address this trauma.
• Lost Quality of Life: Abuse may prevent residents from enjoying activities they once loved. Compensation can be sought for this loss.
• Wrongful Death: If nursing home abuse tragically leads to the death of a resident, family members may be eligible to file a wrongful death lawsuit.  The aim is to offer financial relief and a sense of justice to the grieving family. Compensation may encompass funeral costs, the emotional toll of losing a loved one, the absence of financial support, and other associated losses.
• Punitive Measures: In cases of severe misconduct or intentional harm, punitive damages may be awarded to not only compensate the victim but also to deter the nursing home from repeating such actions. These damages serve as a punishment and a warning to other facilities, emphasizing the importance of providing safe and respectful care to residents.
• Legal Costs: To ensure that victims of nursing home abuse have access to legal representation without significant financial burdens, the court may sometimes order the defendant to pay the victim’s legal fees. That helps to level the playing field and ensures that victims can pursue justice without worrying about the costs associated with legal representation.

The specific compensation in nursing home abuse cases can vary depending on the circumstances and evidence of each case. Consulting with experienced New Jersey nursing home abuse attorneys is essential to understand your rights and the compensation you or your loved one may be entitled to.

What is the Statute of Limitations on Nursing Home Abuse in New Jersey?

In New Jersey, any legal action against a healthcare provider for negligence or nursing home abuse must typically be filed within two years of the negligent act or the discovery of the injury, as outlined by N.J. Stat. Ann. § 2A:14-2. In cases involving wrongful death, the lawsuit must be filed within two years of the date of death under NJ Stat. Ann. § 2A:31-3. However, there are exceptions where the timeframe can be extended, such as when the victim is mentally incompetent and deemed “incapacitated” or if the injury was not discovered until later.

Filing a nursing home negligence complaint is complex and usually requires experienced legal counsel. In New Jersey, the statute of limitations can be extended if the injury is discovered later, according to the “discovery rule.” It’s necessary to consult a New Jersey personal injury attorney quickly if you suspect any malpractice or abuse.

Why Do I Need a Nursing Home Abuse Attorney in New Jersey?

Nursing home abuse attorneys in New Jersey know that while some signs of abuse may seem normal, they can be red flags indicating severe issues. If your loved one has been mistreated, seeking compensation can help them get the care and justice they deserve.

Here’s how Shrewsbury NJ nursing home abuse attorneys can help:

• Protecting Your Loved One’s Rights and Getting Justice: Nursing home residents have basic rights to safety, dignity, and proper care. An attorney in Shrewsbury, NJ, can help protect these rights by investigating abuse, gathering evidence, and building a case against the facility.
• Maximizing Compensation: If your loved one has suffered abuse or neglect, they may be entitled to compensation for medical expenses, pain and suffering, and emotional distress. A Shrewsbury NJ attorney can fight for the maximum possible compensation to ensure your loved one receives the care they need moving forward.
• Peace of Mind and Support During a Difficult Time: Facing nursing home abuse is emotionally exhausting. A Shrewsbury NJ nursing home abuse attorney can handle the legal side, letting you focus on your loved one’s care while guiding and advocating for you through the process.

Call Our Nursing Home Abuse Attorneys in New Jersey Now!

If you believe your loved one is experiencing nursing home abuse or neglect, contacting an attorney right away is important. At Kreizer Law, our nursing home abuse attorneys in New Jersey have a strong track record of securing significant compensation for our clients. We understand the seriousness of negligent or criminal behavior affecting vulnerable individuals and are committed to holding responsible parties accountable.

Our team at Kreizer Law will carefully evaluate your case, gather the necessary evidence, and develop a strategy to pursue justice. We will be with you every step of the way, whether negotiating a fair settlement or fighting for you in court if needed. Let us take over and handle the legal burden so you can focus on healing.

Contact us today for a free consultation. We also offer legal assistance in areas such as Personal Injury, Medical Malpractice, Sexual Abuse, Workers’ Compensation, and Wrongful Conviction.