Nursing home abuse is something that families do not want to think about however it is a very real thing and it does happen to people in nursing homes. It can be financial abuse, sexual abuse, physical abuse, abuse of medication, isolation and much more. There are many different ways for somebody to abuse an elderly person that relies on them for 24 hour care in a nursing home, and there are new ways being determined every single day.
If you have the unfortunate luck to have a family member who is a victim of nursing home abuse, reach out to a nursing home abuse lawyer in NJ such as the ones available at Davis & Brusca, LLC to discuss your options in your case.
What rights do residents of nursing homes have?
If a resident is in a nursing home facility to participate in the Medicare program then by participating in the Medicare program that nursing home facility is saying their residents are going to be free from verbal, sexual, physical and mental abuse, it will be free of any physical or chemical restraint, especially if these restraints are imposed for purpose of discipline or convenience of workers, and they will receive treatment for their medical conditions. This is similar everywhere you go, and in fact restraints can be used upon a resident of a nursing home but only if a written order is given by a physician who specifies the circumstances in writing in the durations of said restraint. These restraints can only be used to ensure the safety of others in the nursing home whether that is residents or employees.
However if a nursing home is not regulated by federal statute but is instead private, and its residents still have rights under state laws but those laws will vary from state to state and will not be federally protected. So when you are considering putting your loved one into a nursing home, you should consider the benefits of a private nursing home versus a public nursing home or vice versa.
What will happen if a nursing home resident complains of abuse or neglect?
All states have a system in place for reporting abuse, neglect and exploitation of the elderly. This database also helps them investigate these allegations. Oftentimes investigating these allegations is going to include interviews with the resident that has alleged abuse, interviews with that resident’s family members, interviews with the nursing home and management of the nursing home. If the allegations are found to be true then Adult Protective Services is going to try to remedy the problems and prevent the reoccurrence of the abuse.
But there could be situations where the victim’s family is not going to feel satisfied or compensated for the abuse of their loved one has suffered at the hands of the nursing home they lived in. This means that these people make a nursing home abuse lawyer in NJ to try to further bring forth a civil action for damages against the nursing home, and depending upon the circumstances criminal action may warrant prosecution.