Nursing Home Abuse Lawyer NJ

Nursing Home Abuse Lawyer NJ

Nursing Home Abuse Lawyer NJ

Davis & Brusca, LLC, is proud to be a nursing home abuse lawyer in NJ families trust for honest legal advice. Rest assured that there is a legal team you can rely on and turn to for help.  We understand that the legal process can add a lot of stress and uncertainty to an already emotionally draining situation, so we want to provide the support to help make the experience simpler to go through. We work diligently to represent our clients and protect their best interests so that they achieve the compensation they deserve. We are dedicated to every client, and we work hard to ensure justice is obtained. 

When you choose Davis & Brusca, LLC, you get a team of hardworking professionals committed to building a strong, strategically formulated, structured, and irrefutable case. This approach has enabled us to recover tens of millions of dollars in damages for our clients and the peace of mind which comes from standing up for what is right.

There is no excuse for a long-term care facility (a/k/a “nursing home”) abusing a resident. This is a truth which the lawyers at Davis & Brusca hold at their core. Because of this, we are passionate about what we do. We share our clients’ outrage when we see evidence of neglect, abuse, and misconduct by nursing homes. We work hard to gather the facts, collect evidence and build a strong case designed to make sure our client’s voice is heard so that they can recover from this terrible experience. 

If this has happened to your family, rest assured that our team will do everything we can to hold the facility accountable for their careless actions. Once we determine the best approach for your case, we will aggressively pursue the responsible parties. No one should suffer abuse and neglect at the hands of a medical professional. And no family should have to see their loved one suffer neglect or abuse at the hands of a nursing home who has been entrusted to care for their family. Those responsible can and should be held accountable. 

We will help you find the truth about what happened to your family and we will help you seek justice! Call Davis & Brusca, LLC for a free no-obligation case review today. 



Common Signs of Nursing Home Abuse

As incidents of nursing home abuse and neglect become more common across the country, it is important to know what to watch for if your elderly loved one is living in a nursing home. Some warning signs are more obvious than others. 

If you notice any of the following signs, you may want to consult with the nursing home injury specialists at Davis & Brusca, LLC:

It is recommended that you maintain constant communication with your loved one and make them aware of any behavior that is suspicious. Talk to them about what abuse looks like and how they can safely report it. However, it is understandable if your loved one may have difficulty communicating issues right away, so it is important to be vigilant yourself. If you recognize anything in the above list, or any other serious injuries or harm, call the New Jersey Nursing Home Abuse Lawyers at Davis & Brusca, LLC, today.

 

Nursing Home Abuse infographic

Nursing Home Injuries and Abuse: The Questions You Need Answered

As your loved ones age, you will want the best care possible for them. You might imagine that all nursing homes have attentive staff, a safe environment, and provide round-the-clock wellness monitoring. Unfortunately, that is not always the case. It’s smart to educate yourself on nursing home injuries to help keep the beloved senior in your life happy and healthy.

How Common Are Nursing Home Injuries?

Nursing home injuries are shockingly common. Approximately one-fourth of all facilities are cited for abuse each year. In addition to mild injuries, over 5,000 residents suffer unnecessary severe injuries or death. If your loved one has become part of these unpleasant statistics, a nursing home abuse lawyer in NJ may be able to help.

Why Do Injuries Go Unnoticed?

All too many injuries to seniors in nursing homes go unnoticed or unreported. In some cases, the abused individual may not be able to alert others. The lack of reporting can be due to impaired mental capacity, physical restrictions, or death. Other times, the individual may fear embarrassment or staff retaliation. The Trial Lawyers at Davis & Brusca may be able to assist you if you suspect injuries to your loved one from abuse or neglect in a long-term care facility. 

What Are the Signs of Abuse?

Abuse may manifest in many ways. New onset of depression, new or worsening anxiety, or aggression may all point to emotional abuse.  Physical injuries, including falls, wounds, fatigue, weight loss, and poor hygiene, may arise from abuse. Genital bruising or unexplained STDs can result from sexual misconduct. You may also discover financial abuse like new accounts or abnormal transactions. Neglect presents through unsanitary linens, infections, and poor nutrition. 

How Can You Protect Your Loved Ones?

Before placing your loved one in a nursing home, take time to fully vet the facility. It is your right to ask questions, read reviews, and take note of conditions. When you visit, look for how the staff are interacting with the existing residents. Pay attention to how the facility smells, particularly outside of the common rooms. Is it hard to find nurses or other staff members? (It shouldn’t be). Do you frequently hear call bells ringing out for extended periods of time? Do you see trays of cold food around (all signs of understaffing). Also, continue to pay attention after a family member is admitted. Make sure that you are familiar and remain watchful for the signs of all types of abuse discussed above. It is also helpful to have as much open communication with your loved one as possible. If you suspect the abuse of any elders in a nursing home, bring it to the attention of the facility’s administration and the director of nursing, and contact an experienced nursing home abuse lawyer in NJ.

SIT DOWN WITH ATTORNEY MIKE BRUSCA TO DISCUSS THE DANGERS OF UTI’s IN ELDER CARE FACILITIES:

Six Myths About Elder Abuse

Myth #1:  Elder Abuse Is Obvious

Elder abuse is seldom obvious. Abuse includes deprivation of needed goods and services, denial of access to hygienic conditions, etc., and frequently does not give rise to obvious signs of harm (such as bruising). Your loved one may also have suffered harm which you can’t see, such as emotional injuries or financial exploitation. A nursing home abuse lawyer in NJ, like the expert team at Davis & Brusca, LLC, may be able to give you some tips to help you better guard your family from elder abuse.

Myth #2:  Elder Abuse Victims Usually Tell Someone About the Abuse

The American Association of Retired Persons recently found that only one in 14 cases of elder abuse are reported to authorities. Frequently, this is because the abuse victim is unwilling or unable to make a report. They may fear for their safety if they file allegations, since their abusers work where they live, or they may simply lack the physical or mental capacity to lodge a report. 

Myth #3:  Elder Abuse Is Typically Active in Nature

While physical abuse certainly occurs in nursing homes, such “active” abuse is not the most common form of elder abuse. As the team of NJ nursing home abuse lawyers at Davis & Brusca can attest, passive abuse – in the form of neglect – happens far more often. Neglect takes many forms, but generally manifests in the intentional or negligent denial of necessary care.  One common and extremely hazardous form of this, is short staffing – or rationing  care staff.  This type of neglect is particularly disgusting, as the driving reason is often “profit” – that is, cutting costs to maximize facility profits.

Myth #4:  Nursing Home Abuse Is Always Physical in Nature

Physical abuse is only one type of abuse. But there are many others.  Examples of other types of abuse include:

Bear in mind that many of these forms of abuse may occur without obvious signs of abuse on your loved one.  Stay vigilant and help keep your family safe!

Myth #5:  Caregivers Abuse Because of Occupational Stress

Job-related stress is high amongst nursing home caregivers. Many are overworked and underpaid. However, these issues should NEVER result in elder abuse.  Occupational stressors may create dangers of abuse but caregivers remain accountable for their behaviors.  Facility owners are responsible for creating occupational stressors in the workplace and for any failures in the hiring and screening process that give rise to abuse.

Myth #5:  Elder Abuse Laws Protect Victims

While there are laws which help to address elder abuse, the sad fact is that it still happens all too frequently.  Abusers rarely consider the consequences before the abuse occurs and abuse from neglect generally has institutional (a/k/a profit-related) causes which flow from ownership or facility management.  As the NJ nursing home abuse lawyers at Davis & Brusca know, holding facilities accountable for abuse is the best means of addressing and preventing its reoccurrence.  If it happens to your loved one, trust the nursing home abuse lawyers from Davis & Brusca to help you get justice.

Myth #6:  Elder Abuse Won’t Happen to Your Loved One

Everyone wants to believe elder abuse won’t happen to their loved one. But the fact of the matter is that elder abuse can happen to ANYONE, no matter how strong or savvy they are. 

You do not have to face improper nursing home care alone. The team at Davis & Brusca can help answer your questions about the mistreatment of your loved one and seek justice for you and your family.

How A Nursing Home Abuse Attorney May Be Able to Help You

The New Jersey based nursing home abuse lawyers at Davis & Brusca can investigate your case and advise as to your legal options. Nursing home abuse and neglect cases are complex, and there are a lot of hurdles that can arise. Healthcare facilities, like nursing homes, have insurance companies which will hire lawyers and fight to keep from taking responsibility for the harm they have caused, so its important to hire a nursing home specialist, like Davis & Brusca. If you decide to pursue a civil action, we will help review the medical records to evaluate what REALLY happened, and what witnesses can provide the testimony needed to prove it. If your loved one has dementia or otherwise cannot testify as to what happened to them, your attorney will consider other ways to prove the liability of the facility. 

Prior to a consultation, you should bring any documents, photographs, and other evidence you have to help the lawyers gain a better understanding of your case.  Our lawyers have unique expertise in this field.  Our team knows the impact these traumatic experience can have on families.  You can count on us to take the time to gather complete details and address your concerns. At Davis & Brusca, our top legal team fights for the rights of nursing home residents every day. Trust our caring team to help your family seek the compensation you deserve. 

Is Your Loved One At Risk?

Many families come to us concerned about their loved one’s care but fearful that taking action may cause retaliation. While we understand this concern, ignoring the problem is MORE dangerous. Your focus should be on changing the actions that created the harm in the first place. Your loved one deserves justice for the harm they have endured. And the chances are much better that further harm will occur if you do nothing, than if you take action. Filing a claim can actually help prevent the responsible parties from harming other victims.

Call Davis & Brusca, LLC

If you or a loved one has been abused in a nursing home, you should not delay reporting it to a state oversight agency, such as the NJ “Ombudsman’s” Office. It is also essential that you explore your rights and legal options. Call Davis & Brusca today and speak with one of our top nursing home abuse lawyers. 

Nursing Home Abuse Statistics

Davis & Brusca is proud to be the nursing home abuse lawyers NJ families rely on.  We have seen firsthand the devastation that happens when abuse occurs. Families entrust their loved ones to the care of nursing homes because they need help. They should be able to trust these facilities to provide that care. The elderly are a vulnerable population.  According to the World Health Organization, 15.7% of older adults are abused in community settings, including nursing homes. They have no choice but to rely upon others to care for them. The National Center on Elder Abuse states the most common type of abuse in institutions is psychological. Unfortunately, our seniors are at risk of experiencing abuse and neglect. When it happens, trust the experienced, aggressive attorneys at Davis & Brusca, LLC to help you hold the negligent parties accountable. Get started with us by scheduling a consultation as soon as possible. 

Reasons for Nursing Home Abuse

Elder abuse is widespread and can occur in a variety of settings. Nursing home Abuse and neglect may have many causes, but shortages in staffing is one of the most common. According to recent statistics, approximately 5 million elderly persons suffer abuse each year, but the actual number is likely higher as only a fraction of the abuse is actually reported. Many elders may not know how to report the abuse or lack the limited mental capacity to do so on their own. While nursing home abuse should never be tolerated, the following are some of the reasons it occurs:

Davis & Brusca, LLC has nursing home abuse lawyers in New Jersey who understand that the harms and losses caused by abuse and neglect can be extensive and far-reaching. The only way to recover losses and hold the responsible party accountable for their negligent actions is to take legal action. 

Gathering Evidence

The injured party in a lawsuit is known as the “plaintiff.”  Damages are never presumed.  They must be proven.  As the plaintiff in your nursing home negligence claim, you will have the “burden” of proving what happened.  Evidence must be gathered which shows that the facility’s negligence was the most likely cause of the harms and losses your loved one suffered.  Our dedicated lawyers specialize in these complex cases.  We know how to obtain evidence necessary to explain and prove:

  1. the Defendant’s specific Duties of Care
  2. the Defendant’s Breach of their legal obligations (known as their “Duties”) 
  3. the link of “Causation” between the defendant’s conduct and the harm that occurred 
  4. the Damages which flow from the defendant’s wrongful conduct

Proving each of these elements is complicated and, as such, victims should receive counsel from experienced lawyers like the team at Davis & Brusca.  Our clients receive a skilled legal team to strategize the case and gather necessary evidence, which frequently includes:

Coping with Life After Nursing Home Abuse

Nursing home abuse is truly awful. Mistreatment can take on several forms, and the aftermath can be difficult to weather as well. The goal is to support victims as best we can so they can recover with minimal emotional scarring. With some insight, family members can help their loved one recover from the mental wounds so they can get back to feeling safe in the world. 

The process of coping with nursing home abuse varies based on the victim and the type of mistreatment. Some people may need a period of recovery physically, and others may need psychological counseling promptly. It is imperative to remember that every case is different, and each person’s response to what happened to them will vary. Your loved one should be gently and compassionately dissuaded from feeling shame about the abuse. Your loved one’s life and way of being may have changed because of the mistreatment, and there may be many emotions to work through thereafter. 

Just as your loved one could not control the abuse, they may not have much control over how they grieve and heal from what occurred. The best thing you can do for your loved one is to support them, treat them kindly, and get them the help they need .

The Top Signs of Nursing Home Abuse

While some nursing homes provide exceptional care for our loved ones, all too many fall far short of expectations. Nursing home abuse, particularly abuse through neglect, is more common than many people think and it is important to be able to spot the signs of nursing home abuse. If you are concerned that your loved one may have suffered nursing home abuse, remember to reach out to a nursing home abuse lawyer in NJ, such as an attorney from Davis & Brusca, who can help you.

What are the top signs of nursing home abuse? 

Bruises and Cuts

If you see bruises and cuts scattered over the body of your loved one, it could be a sign of nursing home abuse. As many elderly persons have limited ability to move on their own, it stands to reason that they should have a difficult time hurting themselves. In such persons, bruises and cuts are a clear sign of potential physical abuse. If you see them, take action.  Ask your loved one what happened. Talk to the nurses, nursing director and facility administrator.  And speak with an experienced nursing home abuse lawyer, like Davis & Brusca.

Broken Bones and Fractures

You should also contact an experienced nursing home abuse lawyer in NJ if your loved one has suffered broken bones (a/k/a “fractures”). Falls are amongst the leading preventable causes of serious injury and death in the elderly.  Nursing homes know that falls cause fractures, and that fractures can be deadly in the elderly.  As such, it is their obligation to take action EARLY to PREVENT falls from occurring.  This is done by providing sufficient staff, proper oversight and supervision, and through PROACTIVE care planning.  If your loved one is at a high risk of falling, then he or she deserves to have protection and supervision from the staff. If your loved one has suffered broken bones or other injuries in a nursing home, it may be due to physical abuse or neglect. Contact the lawyers at Davis & Brusca today for a free, no risk consultation.

Medical Complications Getting Worse

If your loved one’s chronic illnesses are getting worse, it could be a sign of neglect. Neglect is a common type of nursing home abuse.  When nursing home staff forget to give your loved one his or her medications it may cause their condition to worsen.  So ask questions.  Verify that necessary care is being provided. 

Abuse of nursing home residents and residents of long-term care facilities can take many forms. In addition to physical abuse, problems with sexual abuse, neglect, and exploitation plague U.S. care facilities with truly shocking frequency. And, all too often, the loved ones of the residents who have fallen victim to this abuse are hesitant to speak to a lawyer  because they can’t prove that their suspicions are correct. It is important to understand that you can connect with the experienced legal team at Davis & Brusca, LLC in a risk-free consultation setting.  We can provide personalized guidance on whether your suspicions have enough foundation to allow us to further investigate.

Nursing Home Abuse Lawyer, NJ

 Our firm has earned a reputation as the nursing home abuse lawyers that NJ residents trust and rely upon.  Whether your loved one acknowledges (or is capable of remembering) that anything is amiss, it may still be worthwhile to speak with us.  Nursing home residents who are experiencing abuse often deny the abuse for a variety of reasons.  For instance, they may not be able to put into words what is happening.  They may fear retaliation.  Or they may simply not want to “burden” their loved ones with their suffering. The bottom line is that if you suspect that your loved one is being abused, it is a good idea to seek legal advice about your rights and options under the law.

Identifying and Responding to Abuse

Physical abuse often produces marks on the body.  These may be on areas which are usually hidden by clothing or bed covers, so pay careful attention to the rest of the body.  Sexual abuse may be even harder to identify.  Financial exploitation is another form of abuse.  If you are the representative, ask regularly to see your resident’s accounts and look for abnormal activity. Neglect may take on many forms.  Look for signs of bed sores, recurrent infections, falls, social isolation, lack of proper hygiene, or weight loss. These are some of the most common ways that abuse is spotted by loved ones. But they are by no means the only forms of abuse.  Loved ones must remain vigilant. 

No two nursing home abuse cases are exactly alike. Therefore, if your loved one’s circumstances don’t mirror those of other abuse victims, that doesn’t mean they are being well cared for.  If you suspect an issue, you should connect with the nursing home abuse attorneys at Davis & Brusca and voice your concerns. Your advocacy may make all the difference and may spare your loved one from additional suffering.  Connect with our team today.

Legal Assistance Is Available

If you suspect that your loved one is being abused, please do not keep your concerns to yourself. Speak with the experienced New Jersey legal team at Davis & Brusca, LLC about your concerns in a confidential, risk-free consultation setting. We can provide personalized legal guidance to inform your decisions and advice if additional steps are warranted for the situation your loved one faces.

The Nursing Home Neglect Lawyers at Davis & Brusca, LLC know there are few things in life more anxiety-inducing than the neglect or mistreatment of a loved one.  Our trusted legal team has extensive experience with nursing home abuse and neglect matters.  We have the skill and expertise you need.  We can assess your loved one’s situation thoroughly and objectively.  Trust us to provide you with the personalized, professional feedback you need regarding your concerns.  Let us arm you with the knowledge you need to inform your next steps.  Call today for a free consultation.  We look forward to speaking with you.

Contact a Nursing Home Abuse Lawyer

There are many forms of signs of nursing home abuse.  This page has focused on some of the most common.  As your loved one may suffer a form not covered here, it is important to bring your concerns to a nursing home abuse lawyer in NJ, such as a lawyer from Davis & Brusca, who can help address your unique situation. You do not have to go through it alone.

Get Started with Our Team

Extensive injuries, emotional trauma, financial losses, and even death are some of the harms victims and their families suffer due to nursing home abuse and neglect. The aftermath can be incredibly challenging. You may be left with a vulnerable loved one in need of additional care. You may even be left to care for them while searching for an alternative nursing home. Davis & Brusca, LLC knows that this is an incredibly difficult time, and we want to help. Start by scheduling a consultation with a team member to have your questions answered and map out a clear course of action. Take action and meet with one of our New Jersey nursing home abuse lawyers today.

To learn more about how we can help, contact a nursing home injury lawyers in New Jersey from Davis & Brusca, LLC now. 


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