Elder Abuse Attorneys New Jersey

There are many senior people who live in nursing home care facilities. While these places are supposed to be safe havens where seniors are taken care of, they can actually be where incidents of abuse, mistreatment, and neglect can occur. Every person has the right to be free from sexual, verbal, physical, and mental abuse, involuntary seclusion, and corporal punishment. If you suspect that your senior relative has been mistreated while living at a nursing home facility, we strongly advise speaking with our New Jersey elder abuse attorney right away before further incidents can happen. Our team at Davis & Brusca, LLC understands the serious nature of elder abuse. Please let us intervene to investigate, contact authorities, and ensure the offenders are held accountable.

Signs Of Abuse And Neglect

Families are encouraged to keep an eye out for their loved one and to take swift action if signs of abuse or neglect are present. Our dedicated elder abuse attorney understands that there is an emotional component to cases like these. Nobody should ever be abused by someone else. Seniors are particularly vulnerable because they may not have the same strength to fight back as the perpetrator. Health conditions and disabilities may make them at risk of suffering abuse. If you notice any of the signs below, we cannot emphasize enough how vital it is to act quickly. If you aren’t sure that mistreatment is happening, we can investigate to find out. Here are common signs of abuse and neglect in nursing homes:

• Assault and battery (slapping, kicking, pinching, shaking, pushing, threats, beating, or emotional and verbal abuse)
• Prolonged deprivations of food and/or water
• Rape or other forms of sexual battery or assault
• Unreasonable use of physical or medical restraint or seclusion
• Lack of care for existing medical conditions
• Use of restrain or psychotropic medication for a purpose not consistent with medical recommendations or approved by a physician
• Dehydration, sudden weight gain, and/or malnutrition
• Pressure ulcers (otherwise known as bed sores, which develop when the resident sits or lays for extended periods without being moved or support with the use of cushions or pillows)
• Unexplained injuries such as cuts, wounds, welts, or bruises
• Unclean and unsanitary living conditions
• Sudden changes in behavior and personality
• Exhibiting soothing behaviors such as rocking or sucking thumb
• Wanting to be isolated away from others
• Reluctance to speak openly in the presence of a staff member

Davis & Brusca, LLC

Realizing that your cherished senior relative could be suffering abuse by staff members or other residents can be terrifying. After all, you only want what is best for your relative and to find out they could be in a bad state due to not being cared for properly can cause some upset and anger. Please let our team at Davis & Brusca, LLC represent you and your loved one so that every necessary step is taken. Our NJ elder abuse lawyer can ensure your relative’s safety, hold the offender accountable, and solidify maximum compensation for the suffering caused. We are ready to learn more during a consultation. We are ready to come to your aid.

HOW TO REPORT NURSING HOME ABUSE IN NEW JERSEY

Many nursing home residents fall victim to neglect and abuse each and every year — despite the fact that federal and state laws exist to help protect them from abuse and neglect. The only way to help stop this shameful epidemic is to pay attention and REPORT instances of suspected ABUSE AND NEGLECT.

In New Jersey, you can report complaints about nursing homes, assisted living, medical daycare, comprehensive personal care homes, long-term care facilities, hospitals, ambulatory surgical centers, home health agencies, and other ambulatory or long-term care facilities in the following ways:

FOR EMERGENCIES OR HELP WITH IMMEDIATE DANGER:

Call 911. If you have a legitimate reason to believe that your loved one or another resident is in immediate danger or in need of immediate medical attention, call 911.

FOR MISCONDUCT RELATED TO COVID-19:

COVID-19 is especially hazardous to elderly residents of Long-Term Care Facilities. If you have reason to suspect misconduct involving a nursing home concerning or during the COVID-19 outbreak, REPORT IT TO THE STATE HERE  https://covid19.nj.gov/forms/ltc:

FOR SUSPECTED ABUSE OR NEGLECT:

If you believe that your loved one is being abused or neglected but is not in imminent danger, various state agencies exist to which you can report your suspicions. Please note that limitations on state resources may cause investigations to take some time, and you will not be able to control whether the state decides to take meaningful action. As such, in addition to reporting your suspicions, you may also consider transferring your loved one to another facility. Bearing this in mind, you can access the following state resources:

1. File a Complaint Against the Facility:

You can also file a complaint against the nursing home, by contacting the State of New Jersey Department of Health. You can:

• file an online complaint https://web.doh.state.nj.us/fc/search.aspx
• call the NJ complaint hotline 1-800-792-9770 (24 hours a day, 7 days a week)
• fax or mail the State’s Consumer Resident/Patient Complaint Report Form (AAS-60) (https://healthapps.state.nj.us/forms/index.aspx#aas-60)

If you choose to report by fax, you can make the report anonymously or disclose your info. The state asks that you please include the following information:

1. Your specific complaint (mandatory)
2. Your name and mailing address including zip code (optional)
3. Daytime phone number including area code (optional)

Long Term Care Complaints, including nursing homes and assisted living facilities, have the following dedicated fax number:  609-943-4977.

If you elect to mail the completed Consumer Resident/Patient Complaint Report Form (AAS-60 – link above), send it to the following address:

New Jersey Department of Health
Division of Health Facility Survey and Field Operations
PO Box 367
Trenton, NJ 08625-0367

Further information is available through the NJ Dept of Health website:  https://www.nj.gov/health/healthcarequality/patients-families/file-complaint-how-to/

Medicare also provides a reporting mechanism available through the following link:  https://www.medicare.gov/nursinghomecompare/Nursing_Home_Complaint_Form.pdf

2. File a Complaint Against a Medical Staff Member:

• Nurses: Complaints involving nursing staff in New Jersey are handled by the New Jersey Board of Nursing. You can make your complaint by phone (973-504-6457) or by downloading the board’s complaint form (https://www.njconsumeraffairs.gov/ComplaintsForms/New-Jersey-Board-of-Nursing-Complaint-Form.pdf) and mailing it to:

New Jersey Board of Nursing
PO Box 45010
Newark, NJ 07101

• Physicians: Complaints involving NJ physicians are handled by the Board of Medical Examiners. Your complaint can be made by phone (609-826-7100), through the board’s online reporting system:  nj.gov or by downloading and mailing the form available through this link (https://www.njconsumeraffairs.gov/ComplaintsForms/State-Board-of-Medical-Examiners-Complaint-Form.pdf) to:

Division of Consumer Affairs
State Board of Medical Examiners
P.O. Box 183
Trenton, NJ 08625

3. Contact the New Jersey Office Adult Protective Services:

The Adult Protective Services Agency (APS) is available to investigate allegations of suspected abuse, neglect and/or exploitation involving anyone aged 18 or older. Contact is made on a county-by-county basis. Specific contact information can be accessed here:  https://www.state.nj.us/humanservices/doas/home/adultpsp.html

For more information on the New Jersey APS, see its website: https://www.state.nj.us/humanservices/doas/services/aps/

4. Contact the New Jersey Long Term Care Ombudsman:

The Ombudsman (https://www.nj.gov/ooie/) is a dedicated state agency which was formed to protect the rights of residents age 60 and older who live in nursing home or other long-term care facilities in New Jersey.

You can report abuse by:

• Phone: 1-877-582-6995;
• Mail: The Office of the Ombudsman, P.O. Box 852, Trenton, NJ 08625-0852

5. Contact a New Jersey Elder Abuse Lawyer to Take Legal Action

In addition to filing a complaint, you can consult with an experienced attorney such as Davis & Brusca, the elder abuse attorneys New Jersey trusts to take legal action for claims of nursing home neglect and abuse. Call Davis & Brusca, LLC today. We are here to help you and your family. Call us at 609-786-2540 today to schedule your free consultation.