A Nursing Home Lawyer Trenton, NJ Trusts Shares Signs a Nursing Home May Not Be Safe

Make sure your loved ones are in good hands

When a loved one must move into a nursing home, it is likely because the care they require far outweighs what you can provide to them. This is a decision that was probably difficult to come to terms with. The last thing anyone wants is for someone they care for to be placed in a nursing home.  And no one wants to end up in a facility that is unsafe or riddled with issues.  There are signs you can look for to determine if a nursing home you are considering may be dangerous. And, if you later discover problems with a nursing home where your loved one has been placed, it is important to know what you can do about it.

Nursing Home Law

In order for a nursing home to be able to accept Medicaid and Medicare funding, they must adhere to specific state and federal guidelines. These standards were put in place to protect residents and ensure that they are properly cared for in a nursing home setting. Some of these standards include:

• Treating residents with respect
• Having adequate staffing
• Providing adequate supervision
• Keeping detailed medical records
• Developing plans of care tailored to each resident
• Providing care for residents that encompasses their nutrition, social health, and proper hygiene

When nursing homes do not comply with the laws put in place by State and Federal government, such as New Jersey’s Nursing Home Reform Act, they may face serious consequences.

Red Flags to Look For

The task of choosing a nursing home should be taken very seriously. Knowing what constitutes a “red flag” for quality care may help you to ensure that you place your loved one in a safe and reputable facility. Some points for consideration include:

• Pay attention to how nursing home staff interact with residents when they don’t know they are being watched.  Are they patient and caring?  Do they appear pressed for time and haggard?
• What kind of food is in the facility? What does it taste like?  Remember, your loved one will eat better if the food is to their liking.
• What king of access will you have to your family member. Are you allowed to stop in unexpectedly? If not, take that as a BIG red-flag!
• What is the attitude of the staff, especially nurses aids?  Most of the daily interactions come from these aids, so their approach will be key.
• What is the attitude of the residents. Ask them questions. Are they willing to talk to you? What has their experience been? Do they appear to be afraid of any of the staffers?
• The sounds within the facility – is it peaceful?
• Is the nursing home clean and well-maintained?  A properly staffed facility should be.
• Prepare questions to ask staff and administrators so that you can get a real feel for the values of the facility.
• Ask about staffing and employee morale

One key factor that would allow you to truly be able to spot red flags is to visit the nursing home in person. This will give you the opportunity to assess the facility for any problems.

Signs of Nursing Home Neglect

Nursing homes and elder care facilities are often a great option for families. These facilities are intended to provide care for our loved ones when living at home is no longer an option. However, the elderly are also vulnerable in these situations. It is the responsibility of the family to look for and investigate any suspicions of nursing home neglect. If neglect does take place, it is important to contact a nursing home lawyer in Trenton, NJ as soon as possible. The team at Davis & Brusca Trial Lawyers can help families better understand the signs of nursing home neglect. Keep reading to learn more. 

Unexplained Injuries 

One of the most common signs of neglect is unexplained injuries. When an elderly person is not being assisted properly, they may attempt to do things on their own which is beyond their strength or abilities. This can lead to injuries. In some cases, the elderly person may not remember how they were injured. 

Nursing homes are required to keep documentation of injuries. If there is no documentation explaining injuries, or if the documentation contradicts what you are seeing or what your loved one is telling you, it is important to look deeper. A nursing home lawyer in Trenton, NJ can assist with this. 

Malnutrition 

Another sign of neglect can be malnutrition. If your loved one is losing weight at an alarming rate, it is important to have them evaluated by an unbiased doctor. This means a doctor that is in no way associated with the nursing care facility. 

If your loved one has challenges with eating, it is important that a nutrition plan be developed which will ensure that they are getting the proper nutrition every day. A doctor can help develop this plan and it is the responsibility of the nursing home to follow the plan. 

Hygiene

If you notice that your loved one’s hygiene is suffering at a nursing home facility, it is of vital importance that you address the issue quickly. Hygiene is crucial to quality of life and long-term health. Every person deserves to have their hygiene needs taken care of with respect and consistency. In many cases, a lack of proper hygiene is a sign of neglect. A nursing home lawyer can help you investigate the practices at the nursing home. 

It is important that nursing homes are held accountable for the treatment of residents. The team at Davis & Brusca Trial Lawyers are ready to assist you. 

 Reporting Problems with a Nursing Home

The course of action will be different depending on whether you simply witness abuse or concerns when looking for a nursing home as opposed to when you discover that your loved one has actually suffered abuse or mistreatment in a facility. If you directly witness abuse in a nursing home, start by contacting the police. You may also be able to file a formal complaint with the state agency designated for managing such complaints. When it comes to an injury or abuse suffered by your loved one, the process may be more complex. Once you have been able to secure your loved one’s safety, you may want to consult with a nursing home lawyer in Trenton, NJ.  

If you or someone you love has been the victim of nursing home abuse or had their rights violated in some way, you may want to consider whether taking legal action is in your best interest. The road following abuse can be lengthy, your loved one may be forever changed. Contact a nursing home lawyer Trenton, NJ clients recommend so they may help you sort through the legalities of your case.

What Are the Legal Rights of Nursing Home Patients?

As a skilled Trenton, NJ nursing home lawyer, Davis & Brusca routinely counsel clients that their loved ones have legal rights as a resident in an assisted living facility. The federal government has mandated certain protections to nursing home residents. Each state has additional laws that are intended to protect those under the care of these facilities.  New Jersey is no exception in this regard, and has a comprehensive “residents’ rights” statute.  Due to the complexity of these laws, it’s important to work with a lawyer who is familiar with them.

At Davis & Brusca, LLC our nursing home lawyers in Trenton, NJ have assisted many nursing home residents and their families when their rights were violated, or when the careless actions of a nursing home placed their loved ones in harm’s way. If you have reason to believe a loved one’s safety or rights may have been violated, call our office immediately and request a consultation with a nursing home lawyer from our firm. These consultations are offered free of charge.

Depending on the nature of your concern, our nursing home lawyers in Trenton, NJ can provide you with detailed information as it pertains to your situation. However, here is a general guideline of the rights your loved one has at their New Jersey nursing home:

• The right to have their personal information protected and private.
• The right to be provided a written list of rules and responsibilities for residents. This must be provided before they are admitted, or when they first enter the facility, and it must also be available while they reside there.
• The right to be treated with respect as well as dignity.
• The right to decide when to sleep, wake up, eat meals.
• The right to participate or not participate in activity programs.
• The right to not experience discrimination based on their color, race, disability, national origin, religion, or age.
• The right to not experience neglect or abuse. This includes verbal, mental, and sexual abuse as well as physical.
• The right to socialize with other residents of the nursing home. The facility cannot isolate your parent from other people.
• The right to not be physically restrained or subjected to chemical restraints (narcotics) as a method of discipline.
• The right to complain to the nursing home staff, or anyone else, without punishment. In addition, the nursing home staff must acknowledge your complaint and if it is determined to be valid, they must address it.
• The right to proper medical care and to be informed of their health assessment in layperson’s terms. This includes prescription medications and over-the-counter medications, supplements, vitamins, and other treatment.
• The right to choose one’s doctor and to have say about medical decisions and treatments that affect them.
• The right to a care plan created by the nursing home. The resident also has the right to participate in the development of that care plan. The resident can give family members permission to also participate.
• The right to view any reports or records kept by the nursing home, including medical reports and records. This information must be provided to the resident or their family members in a prompt manner, excluding holidays and weekends. The resident’s legal guardian has the right to view the records and make healthcare decisions on behalf of the resident.
• The right to refuse experimental treatment.
• The right to manage one’s own money.

Nursing Homes Are Not Hospitals

Having to place your parents, spouse, or loved one in a nursing home is a difficult decision. Many people believe that nursing homes are staffed similarly to a hospital. But this is not the case. Nursing homes are residential facilities, and your loved one is considered a resident instead of a patient. Davis & Brusca Trail Lawyers are familiar with staffing requirements for nursing homes in New Jersey. These standards are often not met, leaving your loved one at risk. A trusted nursing home lawyer in Trenton, NJ can help you understand these laws if you believe your loved one is a victim. Here are four signs that your loved one could be abused or neglected.

Smelly Facility

Many people believe that a nursing facility is supposed to smell bad. While occasional odors are normal, foul odors on a regular basis in a facility could be a sign of neglect. Also, if your loved one smells bad each time you visit them, this could mean that they are not adequately bathed. Check their skin for dryness, feces, or urine which can cause sores when left unattended.

Too Much Medication

If your loved one is sleeping more than usual throughout the day, they could be over-medicated. Check with the nursing staff or physician to see if your family member is taking too much medication. Overmedication could be a sign of abuse.

Staff Complaints

A consistently understaffed facility is a sign of neglect. If the staff constantly complains about staffing issues, this should be a concern that your loved one is not getting the care they need.

Unexplained Weight Loss

It is common for elderly patients to lose a little weight because their appetite declines as they age. But if your loved one has lost a significant amount of weight, this is a sign of malnourishment. Reach out to a nursing home lawyer in Trenton, NJ for consultation if you notice such changes.

Sudden Changes in Mental Status

When you first admitted your loved one to a nursing home, they may have had some signs of cognitive changes, but if you notice a dramatic change in their speech or behavior, you should question the staff to see why there has been a drastic change in their mental status.

Placement in a nursing home should not be a death sentence. If you have a loved one who is a victim of nursing home abuse or neglect, speak with a trusted nursing home lawyer in Trenton, NJ, by contacting Davis & Brusca Trial Lawyers for a consult today.

If you have concerns about the welfare of a family member who is in living in a nursing home, call  Davis & Brsuca, the nursing home lawyer Trenton, NJ relies on, today and request a free consultation.

How To Choose a Nursing Home Lawyer

Are you concerned that your loved one might not be getting the care that he or she deserves in a nursing home? If so, you need to reach out to a nursing home lawyer in Trenton, NJ, such as an attorney from Davis & Brusca Trial Lawyers, who can represent your rights and defend your interests. Because there are numerous lawyers available, how do you choose the right one?

Consider the Practice Area

If you are looking for an attorney, the first thing you should do is take a look at the practice area. Even though all lawyers go to law school, not everyone specializes in nursing home law. This is a very difficult area to navigate, and you need someone who specializes in this area. Most attorneys will display their practice areas on their websites. Make sure they have experience practicing nursing home la. 

Take a Look at Prior Case Results

If you need a nursing home lawyer in Trenton, NJ, you need to take a look at prior case results as well. Any lawyer who is serious about winning your business should have a list of case results to show you. Make sure there is a long track record of success. You should ask what percentage of their cases go to trial, what percentage of their cases are settled, and what percentage of their cases are dismissed. If you like the results you see, you may have down the right lawyer. 

Talk To Prior Clients

Do not forget to talk to prior clients as well. Law firms should have a list of references you can talk to. See what their experiences were like. Did they enjoy working with the attorney? Did they get the results they wanted? If other clients have had a good experience with that law firm, you should have a good experience as well. 

Call a Nursing Home Lawyer

Ultimately, it is important for you to make sure you hire the right lawyer for your situation. If you are concerned that your loved one has been abused in a nursing home, then you need to reach out to a nursing home lawyer in Trenton, NJ, such as an attorney from Davis & Brusca Trial Lawyers, who can conduct a full investigation and make sure your rights are protected. This is not a situation you need to go through alone. A nursing home lawyer can help you.