NJ Nursing Home Injury Lawyer

Neglect is at an all-time high. Protect your loved ones today.

When you place a loved one in a nursing home, you trust that the center will provide the proper care and safety measures that your friend or family member needs. Unfortunately, many senior citizens become victims of nursing home abuse because they are unable to fight back or communicate the problem to people outside of the center. Here are three types of nursing home abuse you need to be aware of so that you can recognize the signs if your loved one is in trouble and can call a nursing home injury lawyer in NJ if necessary.

Table of Contents

Types Of Nursing Home Abuse

1. Physical Abuse

Physical abuse is the most obvious type of abuse. You may notice that your loved one has more unexplained bruises than usual. He or she may also need to make frequent trips to the doctor or hospital for accidents. While the effects of physical abuse are often visible, sometimes they aren’t, and you’ll need to speak with your loved one to determine if any type of abuse is happening. If your friend or family member over makes comments about being restrained without consent or approached in a sexual manner, you need to seek legal counsel.

2. Neglect

You trust the staff at the nursing home to provide high-quality care for your loved one, but this sometimes isn’t the case. Neglect is considered a form of abuse even though no one has laid a hand on your friend or family member. Make sure your loved one has all of his or her basic needs met; the room should be clean and tidied daily, nutritious meals should be provided three times and day, and any physical needs that your loved one has such as bathing and dressing should be taken care of. 

3. Medication Mismanagement

Many people rely on medication to help them manage chronic conditions. Older people sometimes have trouble managing their medication and need help from the staff at the nursing home. If the staff is withholding medication or providing the wrong type or dosage, you are dealing with medication mismanagement and must seek out a lawyer.

If a loved one is being abused in any way at a nursing home, it is best to contact a nursing home injury lawyer in NJ immediately to discuss legal action. Keep an eye out for these three types of abuse so you can be confident that your loved one is safe and happy in a nursing home. 

You’ve discovered that your loved one is being neglected in a NJ nursing home.  Your emotions are swirling.  You are feeling confused and angry.  You  are concerned and likely wonder what you should do.  Contact a nursing home injury lawyer in NJ from Davis & Brusca, LLC.  Our expert team understands the impact elder abuse and neglect can have. We are nursing home abuse & neglect specialists.  These cases ARE what we do.  We truly understand how you feel.  And we are deeply committed to helping you find a legal solution. Please call our office to schedule a complimentary case review.

Reasons for Nursing Home Injuries

When you place your loved one into a nursing home, you expect them to receive the care that they need and deserve. Chances are, the decision to place your loved one into a nursing home was not an easy one.  Often, families start off with a sense of peace that comes with the expectation that their loved one is in a facility which is equipped to provide them with the care they need.  There is an incredible level of trust which is extended to these facilities, which is driven by need and recognition of the fact that the admitted family member could not be provided proper care at home.  

So, when the facility abuses that trust and harms or abuses the loved one, families are understandably angry and often incredibly guilt-ridden. You can trust us to help get you past that initial guilt and find out what happened to your loved one, and why.

The nursing home injury lawyers at Davis & Brusca, LLC, have seen nursing home abuse occur for a number of key reasons, including:

Reason #1: Poor Management Resulting in Low-Quality Care

Nursing home care can be incredibly expensive. It is normal to look for an “affordable” option, however when choosing a nursing home, it is important that you look beyond the bottom line and conduct careful research. The Center for Medicaid/Medicare Services (“CMS”) and at least some states (including NJ) maintain web resources which give consumers information they can use to compare prospective nursing homes.  Information on staffing levels, comparisons to other nursing homes, and the results from state surveys can be obtained.  

Facilities with poor ratings on these comparison metrics are more likely (statistically) to struggle to meet a resident’s needs; especially if that resident’s acuity level is high.  Do your homework before agreeing to admit your loved one.  A good place to start is by checking to see if the prospective nursing homes have any state “violations” and, if so, for what reasons.  And, if your loved one has already succumbed to injuries as a result of poor care, contact the trusted nursing home injury lawyers at Davis & Brusca.

Reason #2: Understaffed and Overworked

Even the best of facilities experience staffing issues from time-to-time, but for some facilities, “short staffing” is a part of their business model. Because nursing homes require nursing staff to be present around the clock, there may be a number of people who are required to work long hours or double-shifts.  Struggling facilities often see the cost of their nursing staff as an easy budget item for “cost cutting” to boost profits.  

Unfortunately, cutting staff below safe levels puts the residents in jeopardy and leaves those staff members overworked and overwhelmed.  Overworking staff can lead to stress and burnout, which increases the odds that negligent care will occur.  In short, it’s a vicious cycle which, all too frequently, produces horrific results.  Unfortunately, our team has seen many, many cases which have staffing issues as the core problem.

Reason #3: Lack of Training

Nursing homes deliver medical care to residents.  As such, it’s vital that their nursing staff are properly trained, and that they also have a solid understanding of the policies & procedures of the nursing home. This is essential to ensure that all residents receive the care that they deserve.  Facilities with poorly trained staff members are a recipe for disaster.  Unfortunately, poor training is another recurrent theme that the lawyers at Davis & Brusca encounter all too frequently.

No matter the reason, it will be important that you take action with an experienced nursing home injury lawyer in the wake of an incident or injury in a nursing home. We can help to prove that the nursing home was at fault for the abuse your loved one experienced. Call us today for the help you need!

Signs that Indicate Nursing Home Abuse or Neglect

If you notice any of the following signs, your loved one may be in a situation that could be harmful.

  • Malnutrition/ dehydration
  • Unwarranted or overused restraint
  • Restraint marks
  • Chemical restraint
  • Unhygienic living areas
  • Broken bones or sprains
  • Medication overdoses
  • Unexplained injuries
  • Medication mismanagement

While many of these signs are noticeable, some may not be and some are capable of being hidden, misunderstood or otherwise explained away. Regardless of what you may or may not know, consulting with us from Davis & Brusca, LLC, as soon as possible may prove to be the best decision you could possibly make.

Common Injuries Suffered in Nursing Homes

If your loved one has to move into a nursing home, you expect him or her to be taken care of. Unfortunately, there are situations where our loved ones could suffer serious injuries in a nursing home. If your loved one has gotten hurt, do not hesitate to reach out to a nursing home injury lawyer in NJ, such as an attorney from Davis & Brusca Trial Lawyers, who can help you. What are a few examples of common injuries people might suffer in a nursing home? 

Bed Sores

Bed sores (a/k/a “pressure injuries” or “decubitus ulcers”) are very common in nursing homes. These horrific wounds can cause severe pain, may become infected, and frequently contribute to an untimely death.  The most common cause is the failure to help the victim to move and be repositioned often enough in bed or when sitting.  Any person who has limited abiity to move on their own is at risk.  Failure to keep a person clean and dry can contribute to skin breakdown.  In nursing homes, this typically comes down to whether the resident’s diaper is being changed frequently enough.  These horrible injuries almost never happen if a person is receiving proper care.  If your loved one has a bed sore, call and speak with a NJ nursing home lawyer  from Davis & Brusca, LLC.

Fractures & Wrist Injuries

Falls are a common problem in nursing homes. The elderly often have lower bone density.  As such, they may suffer a fracture of their wrist, arm, left or other body party when they fall.  Nursing homes are required to assess residents for their risk of falling.  Care planning should take their risk into account.  Steps should be taken proactively to address and mitigate this risk.  Tragically, many nursing homes do nothing until a resident has suffered an actual fall.  And, even then, they may do nothing.  If your loved one suffered a fracture from a fall in a nursing home, call and speak with a NJ nursing home lawyer  from Davis & Brusca, LLC.

Head Injuries 

It is also possible for your loved one to suffer a head injury in a nursing home. Falls are, once again, the most common cause. Some of the most common head injuries are concussions, cerebral contusion, and skull fractures. Head injuries can cause brain bleeds and may lead to permanent complications or death. If your loved one suffered a head injury from a fall in a nursing home, call and speak with a NJ nursing home lawyer  from Davis & Brusca, LLC.

Hip & Shoulder Injuries

Hip and shoulder injuries are also very common in nursing homes.  Once again, the most common reason for such injuries is a fall.  If they land on their side, they can suffer a fracture of the hip or shoulder.  Serious injuries often require surgery and frequently lead to serious complications. If your loved one suffered a hip or shoulder injury from a fall in a nursing home, call and speak with a NJ nursing home lawyer  from Davis & Brusca, LLC.

Contact a Nursing Home Lawyer

These are just a few of the many injuries that your loved one may suffer in a nursing home. It is important for you to reach out to a nursing home injury lawyer in NJ, such as an attorney from Davis & Brusca Trial Lawyers, who can review your case and make sure that the rights of your loved ones are protected. 

Nursing Home Law Basics

Nursing homes exist to provide elderly people with a safe place to live if they develop advanced medical needs that cannot be safely provided at home.  Nursing homes are governed by a complex web of state and federal regulations.  Many lawyers say they handle Nursing Home cases, but few truly focus on this unique and complex area of practice.  If your loved one has been hurt in a nursing home, do you want them to be represented by a “general personal injury” lawyer, or a nursing home specialist?  The lawyers at Davis & Brusca, LLC are nursing home lawyers first and foremost.  This complex area of the law is the focus of our practice.  Trust our experienced team of top Nursing Home Lawyers to help you and your family.

Here are a few basics about nursing home law:

Q:  Are Nursing Homes governed by federal law?

A:  Skilled Nursing Facilities (a/k/a “nursing homes” or “SNFs”) are generally governed by both state and federal law.  The federal government issues a variety of regulations which apply to all nursing homes which accept Medicare and/or Medicaid.  All nursing homes will have to comply with the specific laws proscribed by the state  in which they operate.  If a federal law applies, the state law cannot “lower” the  federal law’s care mandate.  States are, however, permitted to increase the level of care or the standard for compliance. 

Q:  Can Neglect happen if the facility is complying with the regulations?

A:  Yes.  Regulations, like any laws, are generally written in very general ways and they usually only set the floor for care; that is, the minimum level of care. A person’s specific care needs may be much higher than this floor.  In fact, many nursing home residents require much more to their needs than the regulations “require”.   Nursing homes are required to provide “adequate” supervision.  They cannot legitimately accept residents if they cannot meet their “assessed needs”.  However, the regulations cannot be written with enough specificity to cover every unique situation.  Neglect happens in this “gray area”.

Q: How can the quality of care vary from facility to facility if the regulations governing nursing homes are the same?

A.  Tragically, this question is best answered by the culture of the nursing home and its ownership group.  It is possible to deliver quality care in this setting and still turn a profit.  Unfortunately, a large number of nursing homes place a greater emphasis on profit than delivering quality care.  Cutting safety corners in their quest for profits inevitably results in harm. And, tragically, this is a situation which our team of nursing home injury lawyers see on a regular basis.

Q:  What laws exist to protect my loved one in a nursing home?

A:  Below, you will find more information regarding the types of laws that a nursing home must follow and the different standards that the government and state require them to meet.

If you have any questions regarding a loved one currently residing in a nursing home or would like to speak with an attorney about making a claim, one of the compassionate nursing home injury lawyers at Davis & Brusca can help you. Please reach out to us now.

The Nursing Home Reform Act

The Nursing Home Reform Act (NHRA) sets the federal quality standards for nursing homes. Nursing homes are obligated to meet these standards if they receive Medicare or Medicaid. The act establishes minimum care standards for nursing homes and defines certain legal rights of nursing home residents.  Some of the requirements that nursing homes must follow under the NHRA include:

  • Allocating resources to ensure residents have adequate supervision for a safe living environment;
  • Hiring and retaining sufficient staff to meet the needs of the facility’s residents;
  • Creating care plans which are individualized and meet the needs of each resident.  A care plan is the “blueprint” for the care that is to be delivered, and covers everything from their nutrition to their medication lists, physical and occupational therapy, and even their personal hygiene & toileting plans;
  • Ensuring the residents’ medical records are accurate and complete
  • Ensuring the staff includes persons who are medically trained to take care of certain needs

If you believe your loved one was injured because of substandard conditions in their nursing home, a nursing home injury lawyer may be able to help.  Contact Davis & Brusca, LLC today for a free, no-obligation consultation.

Tips To Avoid Nursing Home Abuse

Carefully Select the Nursing Home

The first step in preventing nursing home injuries is picking the right nursing home for your loved one. Some criteria to consider include:

  • State regulatory agency’s reports on the nursing home and their compliance history 
  • Court records to determine if the nursing home has been sued
  • Information from the state Adult Protective Services, Division of Health Facilities Evaluation and Licensing, Long Term Care Ombudsman or Division of Aging and Community Services
  • On-site tours of the facilities at different times of day and different days of the week
  • Interview administrators and staff
  • Ask about family opinion surveys, resident satisfaction surveys, staffing levels and family council minutes

Check In Often

The more often you visit your loved one in a nursing home, the more you’ll be able to monitor their condition. This reduces social isolation and can have an impact on whether caregivers will try to abuse, neglect or exploit your loved one.

Learn to Spot Signs of Abuse 

There are many signs of elder abuse you may notice.  Your nursing home injury lawyer in NJ, may have a detailed list of what to look for, but here are just a few of the signals:

  • Appears disheveled
  • Stops participating in activities she enjoys
  • Loses weight for no apparent reason
  • Becomes unusually agitated or violent
  • Has unexplained bruises or cuts
  • Develops bedsores
  • Has physical signs of being restrained
  • Has unsanitary or unsafe living conditions

If you see any of these signs, or anything else concerns you, call Davis & Brusca Trial Lawyers to speak with an attorney about your loved one’s condition.

Use Safety Devices 

There are many devices that can help keep your loved one safe. Crutches, canes or walkers may be used to prevent falls. Shoehorns can help put on shoes. Buttoning aid hooks can assist in getting a shirt or pants buttoned. Long reach devices can facilitate better personal hygiene. Nursing homes should have bed rails that can assist in getting out of bed. They should also have shower chairs and safety bars in the bathroom.

Discover Resources for Self Help and Use Them

The Administration for Community Living’s National Center of Elder Abuse has many resources listed by state for you to take advantage of if you suspect elder abuse. Your nursing home injury lawyer in NJ, from Davis & Brusca Trial Lawyers may have other resources for you to take advantage of. For example, you can call 877-582-6995 to report suspected abuse of your loved one in New Jersey. 

NJ Nursing Home Injury Infographic

Reasons For Nursing Home Injuries Infographic

NJ Nursing Home Injury Law FAQs

What Are Resident’s Rights?

Nursing home residents have certain rights guaranteed to them by federal law (through the NHRA) and, in some circumstances, by state law.  New Jersey happens to have one of the most extensive resident rights laws in the country.  Both the NHRA and, where applicable, state law, outline the different rights that residents in a nursing home have.  

First and foremost, residents of nursing homes in NJ have the right to a safe and decent living environment.  This is an expansive right, which covers everything from the caliber of care delivered to them, to how the facility is staffed, to the cleanliness of the facility.  Residents also have the right to respect, to go through their lives without being subjected to abuse and neglect, to the preservation of their privacy, to voice their opinions without fear of reprisal, and to participate in various group activities. If you believe that your loved one’s rights have been ignored, a dedicated law firm, such as Davis & Brusca, can help bring them justice.

What About State Laws?

Nursing homes also abide by state laws. These laws do not overrule federal laws, but rather are intended to compliment them. For example, some states may set a minimum acceptable ratio for the number of nurses on a shift to the number of residents in the building.  Whatever the issue, it is important to note that these laws are designed to set a minimum standard and satisfy that “minimum” may or may not be enough for a given resident.

What If I Think a Nursing Home Violated My Loved One’s Rights?

If your loved one is currently in a nursing home and you believe that the facility has in some way violated their federal or state rights, a nursing home injury lawyer from Davis & Brusca, LLC can help.  Trust us to give you a voice and to help you exercise your rights and to speak up on behalf of yourself or your loved ones.

Things can get complicated when a family member makes a claim on behalf of a nursing home resident, but speaking with an attorney can be incredibly helpful and help you make an informed decision as to when and how to proceed.  For more information on nursing home laws and how to make a claim in New Jersey, call Davis & Brusca now for a free no-obligation consultation.   Our team of dedicated professionals is here to help you.

What is Skilled Nursing?

Skilled nursing homes are going to be residences that are built to house and assist people who are going to have health conditions and require constant monitoring and medical personnel on staff. These facilities otherwise known as nursing homes or extended care services are going to give your loved one 24 hour supervision, mills, activities and health management, sometimes they might even offer designated residents and specialized care for those with dementia or dementia disorders.

The difference between skilled nursing and assisted living is that nursing homes are going to provide most of the care for a senior that they can guide outside of the hospital. A nursing home is essentially a step below the hospital. An assisted living facility is going to be best for seniors that do not need 24 hour a day care, but may require assistance with day-to-day tasks such as bathing, dressing, going to the bathroom and grooming. The difference here is mainly in the idea that the seniors do not require medical intervention 24 hours a day.

If a resident of a nursing home has no contact with the home can they sue the home for improper care?

It is important to know that when you are putting someone into a nursing home we are relying on the care of others to treat them with respect and dignity, and this does not always happen. And when nursing home abuse happens you are going to need a nursing home injury lawyer in NJ to handle your case. One of the first things you might be wondering about is as a nursing home resident or their family in the case of a wrongful death case, are injured due to improper care by the nursing home and at staff can they recover damages? Answer is yes. A resident might have cause of action due to neglect, whether that is neglect and personal supervision and care, hiring and retention of employees, maintenance of the premises, selections or maintenance of equipment that the personnel are supposed to be using to treat this elderly individual and much more.

Furthermore a nursing home resident that has been abused is allowed to pursue damages for assault and battery among other claims. The situation in state law is going to play a huge role in what a nursing home injury lawyer in NJ is allowed to get you, but your nursing home lawyer is going to know what’s best for your situation. They may even file a medical malpractice claim against the nursing home depending on the case.

I Signed An Arbitration Agreement, Now What?

It is very common for a nursing homes to ask new residents or their representatives sign an arbitration agreement prior to moving into the facility. These agreements are represented to save “time and money”.  But the only one to truly benefit from arbitration is the Nursing Home.  Typically arbitration agreements waive the resident’s right to file a civil action in court and require any dispute to be resolved through private arbitration.   This eliminates the right to a jury.  It can also increase the cost to the injured party, as the agreement typically requires both parties to share in the hourly fees charged by the Arbitrator (you don’t have to pay your Judge or Jury ).  All too often, these agreements have been “slipped in” to the admission papers and are signed without being read & understood.  We have seen agreements which suggest that arbitration is “cheaper”, “quicker” or “more effective” than filing a court action.  In our experience, nothing could be further from the truth.  Aside from the cost factor, arbitrations can drag on longer than court cases.  This is because with a court action, the litigants are pushed forward by the judge.  If any party drags their feet, the Judge can step in and end it.  This does not always happen with arbitration.  These are but a few of the actual “downsides” to arbitration, but they are very real to people who are seeking justice.

If you signed an arbitration agreement, either for yourself or on behalf of a family member being admitted to a nursing home, there may be ways to void the agreement.  Each situation is unique, but the NJ nursing home injury lawyers at Davis & Brusca are experienced with arbitration agreements.  We can review your agreement and evaluate the circumstances of its signing to see if it can be voided.  Even if it cannot, we can help.  Contact our legal team today.

Safely Removing Senior Relative From Nursing Home

If you learn that your loved one is being abused in a nursing home, you should take action.  The steps you take may prevent further abuse and neglect from happening. If you keep your relative in the same facility, it may hinder their ability to recover physically and emotionally. This is true even when the abuser has been fired, as your loved one may be triggered by the environment in which the abuse occurred. 

Nursing home abuse is a terribly traumatic experience; both for the senior and his or her family. With immediate and thoughtful action, recovery can be achieved and a victim can overcome the trauma of abuse. Your relative deserves to live peacefully for their remaining years, without the threat of harm. As your lawyer may suggest, providing counseling from a reputable therapist can make all the difference in your loved one’s recovery. Other steps that may need to be taken when safely removing them from an abusive nursing home include:

  • Contacting police and filing an official report
  • Calling for an ambulance if medical attention is needed
  • Ensuring your loved one is not left alone where abuse could continue
  • Collaborating with family to gather evidence and move resident out
  • Filing a lawsuit against the individual and/or facility for the abuse

Take photographs of your relative’s physical injury, such as bruises, cuts, etc. Ask for copies of medical care documents. The evidence you collect can be a major factor in the success of your case. If the living space was also dirty and unkempt, take pictures of this too. The more evidence you have to support a claim of neglect or abuse, the better your chances for justice. 

NJ Nursing Home Injury Statistics

According to the National Center on Elder Abuse (NCEA), an estimated 1 in 10 older adults (over the age of 65) experiences some form of elder abuse each year. This statistic shows that nursing home abuse is a serious problem that affects millions of older adults each year. It is important to be aware of the signs of abuse and to report any suspected cases to the authorities:

  • Unexplained injuries, such as bruises, cuts, or burns
  • Untreated medical problems
  • Weight loss or loss of appetite
  • Depression or anxiety
  • Withdrawal from social activities
  • Changes in personality or behavior

Meet Davis & Brusca, LLC

The lawyers of our nursing home firm have decades of experience helping the victims of neglect and abuse.  We help create change through financial accountability.  These are businesses.  We believe that the only way to get them to put the health and well-being of their residents back ahead of their own profits, is to hold them accountable. And every person who takes action to hold New Jersey’s long-term care providers accountable is part of the solution.   

The attorneys at Davis & Brusca are skilled advocates.  We are knowledgeable, zealous advocates by nature. We are not intimidated by the threats and demands of the long-term care industry or their legal teams.  And we don’t back down.  We have earned our reputation as a law firm New Jersey residents can trust.  Our top lawyers will fight tooth and nail against corporate greed and other abusive and neglectful behaviors.

Benefits of Choosing Davis & Brusca to Represent You

  • We are experts in the state and federal laws governing the long-term care industry
  • We thoroughly investigate every case and get to the truth of what happened
  • We are willing to investigate any meritorious case, even if the state agencies have not taken action
  • We have the resources necessary to get to the truth and prove what happened
  • We are committed to helping you and your family obtain justice.

If you believe neglect or abuse is taking place, take action.  The best time to talk with the NJ nursing home lawyers at Davis & Brusca is NOW!

Ask For Help

Knowing that your loved one has succumbed to nursing home abuse can be incredibly upsetting. The last thing you wanted was for someone you care for to experience physical injuries and emotional suffering.  Call Davis & Brusca for help.  You can trust our nursing home injury lawyers to:

  • Give clear direction to you for your case
  • Help you to understand the legal process
  • build a strong case
  • Negotiate for a fair settlement
  • Protect the rights of your loved one

Our team of dedicated and experienced lawyers are ready to help you find answers. The New Jersey nursing home injury lawyers from Davis & Brusca, LLC are here to help guide you through this emotional and complicated process.  Call us today.  Let us investigate and prosecute your case.

Davis & Brusca, LLC NJ Nursing Home Injury Lawyer

100 Charles Ewing Blvd., Suite 150, Ewing, NJ 08628

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“My father had a terrible experience with a Senior Living facility in Southampton, PA. He was not given the care that was promised to him prior to moving in. Because of the poor medicine management and negligence from the staff and onsite doctor, my dad ended up in the hospital for a week, then a rehab for 2 months. Brian listened to my story, took the time to research thru medical records and wrote us an amazing demand letter that I was able to present to the Senior Living facility. Brian was so patient and understanding to our story and situation. I felt like he truly cared about our family. He took his time to make it right for us. He treated us like we were his family. We received a settlement check with what we demanded within 2 months of working with Brian from Davis & Brusca. I would recommend his services to anyone that needs help with a senior living facility or nursing home – he has so much knowledge with this field! – Thank you Brian” – Rachael F.

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