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Have you recently discovered that your elderly loved one has been abused or neglected by the staff of a nursing home facility? If so, you are likely overwhelmed by emotion and unsure about what you can do. As a nursing home neglect lawyer in NJ, Davis & Brusca, LLC would advise that ensuring your loved one is safe should be your first action. If you believe their life is at risk, your focus should be on getting them out of the situation causing them harm. The steps required will vary from case to case, but speaking with their doctor and, as warranted, the police, are likely necessary first steps. After addressing their safety, you should call a New Jersey nursing home neglect lawyer, like Davis & Brusca, who can guide you through further steps.
The New Jersey nursing home neglect lawyers at Davis & Brusca are experienced, knowledgeable, and kind. When you choose us to represent you, you can rest assured that you’ve hired a passionate advocate who will do what is necessary to protect the rights and interests of your elderly loved one. Our lawyers have a deep understanding of the complex federal and state laws governing nursing homes and know how to uncover and expose neglect and abuse. Don’t delay. Time is frequently of the essence in these matters. Call Davis & Brusca, LLC, the nursing home neglect lawyer NJ trusts, today.
The lawyers at Davis & Brusca concentrate their practice on nursing home abuse and neglect cases.
Our top nursing home neglect lawyers focus on representing residents of skilled nursing facilities and their families throughout the state of New Jersey, and our lawyers are frequently called in to consult by other lawyers. We regularly sue facilities that place profits over people and cause harm to the elderly, generally by filing claims for wrongful death or personal injury. Our goal is not only to seek justice for our clients but also to bring about change by holding these negligent and unscrupulous nursing homes accountable for their wrongdoing.
The lawyers at Davis & Brusca are deeply passionate about helping seniors.
We believe that protecting our elders should be the first priority. If you have reason to believe that your loved one is being mistreated, it’s critical that you take action immediately. Even if circumstances make it impossible to remove your loved one from the facility, there may be other actions that can be taken to address the issues which are placing them at risk. Every case is unique, so it’s important to turn to a seasoned legal professional who can examine the facts and make specific recommendations for your particular circumstances. Your legal options can be addressed in detail during a consultation with a top NJ nursing home neglect lawyer from Davis & Brusca, LLC. Call us today for a free, no-obligation consultation.
Are you concerned about the care your loved one is receiving in a nursing home? Are you wondering whether you should hire a nursing home neglect lawyer? If so, you should first understand what a lawyer can help you do. The family rarely see nursing home abuse or neglect happen firsthand. Rather, they usually are limited to signs which leave them thinking “things are not right here.” It’s normal to wonder how to gather enough proof to show that someone is harming your loved one, or even to think that the system is rigged and no one will care. However, a nursing home neglect lawyer can help find hard evidence of neglect. By proving neglect, you can make a difference which helps to keep your loved one safe and prevent similar harm and abuse to others. And nursing home neglect lawyers can also help to provide your loved one or the family with the compensation they deserve after suffering neglect and abuse. For more information about what a lawyer can do for you, please call the trusted nursing home neglect lawyers at Davis & Brusca, LLC today.
If your loved one has been neglected in a nursing home, you may think you have only two options: 1) To remove your loved one from the nursing home and find another placement for them, or 2) file a complaint with the state or fight the nursing home on your own. However, there is a third option. Often a better option. That is, to find a skilled nursing home neglect lawyer who will fight for your loved one and seek justice for you and your family. So, if you are wondering: do I need a nursing home neglect lawyer in NJ? We submit that the answer is clearly “YES”.
A nursing home neglect lawyer can:
Without a lawsuit, access to REAL information is usually very limited. The family rarely get the opportunity to confront management or staff in a way that produces meaningful answers. A lawyer, however, generally has more power and can leverage the power of the subpoena and the litigation process to thoroughly investigate your loved one’s claim and find out the truth of what happened. Nurses or staff members may find your questions a nuisance and simply refuse to speak to you. However, when a lawyer questions them in a deposition, under oath, with the threat of perjury, witnesses are generally honest and offer up information about what happened in a much more meaningful way. Frequently, witnesses will acknowledge that negligence occurred when confronted by a lawyer.
While the law requires nursing homes to turn records over to legal representatives, including family, they frequently refuse or fail to provide a complete record. Even if your family does obtain the chart, will you have the experience to find the signs and evidence of neglect? As nursing home neglect specialists, the lawyers at Davis & Brusca, LLC know where to look in the chart for evidence of neglect. And, they have access to leading experts to help review the record and piece together what happened and how your loved one has been harmed. Without this expert review, you may miss the key evidence you need to prove a claim of abuse or neglect.
Because of their extensive background and experience in this highly specialized area of the law, a nursing home neglect lawyer, such as Davis & Brusca, can frequently tell when something is not right just from the family’s story, or by reviewing the care plan. They can evaluate the public data showing the statistics and performance ratings of a particular nursing home vs. its peers and see if something about the operation violates the law or recognized standards of care. Experience of this kind is extremely important. Without a top nursing home neglect lawyer in New Jersey trusts, like Davis & Brusca, you may miss important facts and evidence, jeopardizing your loved one’s claim.
Would you like to have a top nursing home neglect attorney working on your loved one’s claim? Call Davis & Brusca, LLC today and get the help your family deserves.
There are nursing homes that take pride in delivering quality care to their residents. Sadly, the majority of these facilities are extremely expensive and reserve most of their beds for “private pay” patients. Even worse, many long-term care facilities are short-staffed and their over-stressed, overworked, and under-paid staff members frequently are not motivated or able to deliver compassionate care.
In this setting, there are a number of ways in which residents can be mistreated. Physical harm toward elders, such as beatings, certainly occurs, but most harm arises in less overt ways. A nursing home can also cause serious harm to residents through neglect. Dropping a resident or transferring them from the bed to a wheelchair in a rough manner can cause serious injuries, such as broken bones, which can prove fatal to the elderly. Seniors are particularly vulnerable to devastating neglect because they often have no voice to speak out against mistreatment. It may be because they have difficulty verbally communicating, or they have been threatened into silence, or they do not wish to worry their family. Emotional neglect is also a serious matter and, in fact, can be just as devastating to a resident as a physical beating.
You’ve carefully chosen what you believe to be a safe home for your aging loved one, and you believe they will receive caring and attentive assistance. However, nursing home neglect is more common than most people realize and it is the most prevalent type of elder abuse.
The range of complaints and concerns is vast. Common complaints made by residents and their families include lack of social interaction and opportunities, poor quality of food, and long response time from staff. These may not seem like big problems, but these issues can compound into major disasters if left unchecked. Other common problems frequently reported are improper administration of medications, failure to assist residents with mobility issues, and not maintaining the cleanliness of the facility.
These careless mistakes, or at times malicious actions, can be devastating for the physical health and psychological well-being of elders.
If you’ve noticed signs that you believe indicate neglect, contact a nursing home neglect lawyer in NJ, like an attorney with Davis & Brusca. It is not always easy to notice the signs of neglect. Keep a close eye on things like:
You should be able to trust the nursing home staff to care for your family member with respect and diligence, providing them with the dignity and love they deserve. However, when these elder care employees fail to uphold that duty, their negligence can result in legal action being taken.
Neglect is a type of abuse and should not be dismissed or taken lightly. If your loved one has suffered nursing home neglect, contact Davis & Brusca to find out how we may be able to help.
Here are some examples of this that our nursing home neglect lawyers in NJ are very familiar with:
Life-threatening wounds commonly known as “bed sores” can develop when the body remains in the same position for too long. Because the root cause of these horrific injuries is sustained, unrelieved pressure, bed sores are also known as “pressure injuries.” Bed sores can be extremely painful in their own right, but they can also become severely infected. When not treated promptly and effectively, these injuries may quite literally place the individual’s life in jeopardy. If this has happened to your loved one, the nursing home neglect lawyers at Davis & Brusca, LLC can help. Our lawyers will work tirelessly to prove not only what happened, but why.
A nursing home can be a lonely place if residents do not receive sufficient social interaction and communication. Caring for their mental and emotional needs is every bit as important as caring for their physical bodies. The transition from living at home with a spouse or family to a nursing home can be very stressful and may lead to depression or other serious mental issues. Feelings of isolation can trigger a cascade of problems and may induce other physical ailments due to the impact of emotional stress; a well-known trigger of health conditions. Such tragedies can easily be avoided when the nursing home provides the residents with opportunities to interact with other residents and with caring staff members. If this has happened to your loved one, turn to the nursing home neglect lawyers at Davis & Brusca, LLC for help. Our top nursing home lawyers can analyze your loved one’s situation and the care which was (or was not) provided to determine whether the care facility may be held liable for damages.
To discuss your loved one’s case with an experienced nursing home neglect lawyer, contact our NJ office to request a free consultation. We are here for you.
Elderly residents of nursing home facilities have rights that are guaranteed by NJ State and federal laws. The “residents rights act” in NJ requires nursing homes to protect and promote the rights of each resident and gives residents the right to pursue legal action if their rights are violated. A similar federal law, known as FNRA, offers some similar protections. These important laws also recognize & stress the importance of self-determination and individual dignity. New Jersey is a leader in this area, but many other states also have individual laws and regulations that establish and protect the rights of nursing home residents.
There are also a number of federal and state regulatory laws which help to establish minimum standards that nursing homes are required to follow. When these regulations are violated, or when the facility’s internal policies & procedures are violated, serious injury, and life-threatening issues can arise and fatalities can occur. A knowledgeable and experienced NJ nursing home neglect lawyer, like Davis & Brusca, LLC, can help residents of nursing homes and assisted living facilities who have been harmed by neglect or abuse. And by holding facilities accountable, the rights of others can also be protected.
Even with well-established laws in place, residents of nursing homes still commonly suffer abuse and neglect. Indeed, nursing home abuse and neglect is a troubling problems throughout New Jersey and the United States. While we would hope that neither we nor our loved ones are exposed to this form of neglect or abuse, it is more common than we would like to admit. In part, this is because this form of negligence is often hidden, because many of the affected residents simply can’t fight back, lack the cognitive capacity to speak for themselves, or may have other limitations on their ability to communicate.
The NJ nursing home neglect lawyers at Davis & Brusca know that abuse by nursing home careers, nurses, administrators, hospitality staff, and other residents can take many different forms. Individuals and families should be aware of all types of nursing home abuse and neglect and alert the authorities if they observe or suspect them. Some of these issues include:
Physical abuse includes all forms of improper contact or physical invasion resulting in bodily harm. Hitting, pushing, or cutting residents, improper use of physical restraints and other forms of physical abuse can result in traumatic injuries that can have long-term implications.
Any form of inappropriate touching without the nursing home resident’s consent constitutes sexual abuse. Further, cognitive issues, such as dementia, may render a person incapable of legally granting consent. Inappropriate touching can include fondling, kissing, intercourse, and other sexual acts. Sexual “abuse” occurs when contact is made with an elderly resident who has refused to consent, was not able to consent, or whose consent is invalid due to undue influence, coercion, or duress.
Examples of these forms of abuse in nursing homes include threats of physical or sexual violence, ridicule, harassment, intimidation, humiliation, and preventing seniors from spending time with family members or other residents.
Negligent care in nursing homes is appallingly common, with overworked and understaffed nurses and caregivers making mistakes routinely. These can include administering medications incorrectly, failing to provide sufficient nutrition and hydration, failing to help residents in need of medical attention receive it in a timely manner, or failing to comply with and adhere to residents’ care plans. Neglect and abandonment are among the leading causes of injury in nursing homes. Psychological abuse and abandonment is reportedly the common cause of elopement (unauthorized “leaving” of a facility).
Financial exploitation can include using residents’ credit cards, forging residents’ checks, stealing cash or valuables, and applying undue influence to get elderly residents to modify their wills and estate plans. An NJ nursing home neglect lawyer can also pursue a lawsuit for financial abuse, just as they can for physical, emotional, and sexual abuse.
This form of nursing home abuse can include denying residents access to their medications intentionally, depriving them of food or water, preventing them from using the toilet, and denying access to necessary mobility equipment and other assistive devices.
Indeed, nursing home abuses run the gamut from physical abuse, to neglect, and these victims deserve justice. For more information on how a nursing home neglect lawyer NJ clients recommend can help, contact Davis & Brusca and schedule a consultation to discuss your situation.
What Common Types Of Medication Errors Are Considered Negligence |
Many nursing homes require their residents to agree to and sign an arbitration agreement before they can begin living at the facility. These agreements tend to stipulate that should any dispute arise, including accusations of neglect, the resident agrees to waive their right to pursue a civil action in court and, instead, will submit the dispute to private arbitration.
Arbitration is frequently not an option that serves the best interests of the resident. Depending on the particular circumstances of your case, the arbitration agreement may or may not be enforceable. As a specialist in Nursing Home Neglect, the lawyers at Davis & Brusca know that many of these arbitration agreements contain clauses, provisions, and loopholes that are unfavorable to the resident. Even if arbitration is required, some of the more restrictive clauses may be voided; such as when the arbitration agreement attempts to invalidate state or federal law or strike remedies which exist under state law. If you signed an arbitration agreement, and are concerned about your ability to take legal action, you should ask a lawyer to review the agreement and the details of your case. Sometimes, these agreements can be stricken.
At Davis & Brusca, LLP, we have handled a broad range of cases involving neglect and abuse. No two cases are exactly alike but there are similar signs or symptoms. More often than not, family members have noticed them and grown concerned about the well-being of their loved one. Common signs may include:
This occurs when the resident is not given enough food to keep them nourished. It could also see the resident being deprived of healthy foods and nutrients that they need.
It can occur at nursing homes when the residents are not given enough water to drink leading to dehydration. This is a common reason that nursing homes are sometimes found to be acting negligently.
Weight loss could be the result of many different factors including not being given enough food or a serious medical condition. The nursing home staff are supposed to keep track of weight loss in their residents as it could indicate a medical issue.
If a resident has been restrained at the facility, then this may show clear signs of abuse.
If your loved one has bruises from being restrained, then this may be a clear sign of abuse and should be documented by you or the resident’s family. Abuse is never acceptable at a nursing home as these are facilities that are supposed to be a refuge of care for the resident.
An unclean living environment or one that is cluttered and has objects that could cause a senior to trip and fall may cause injury or a general loss of dignity. Such conditions are dangerous and unacceptable. All nursing home residents deserve to live in a safe and clean setting.
If your loved one is complaining about frequently being hungry or thirsty at their nursing home, then may indicate that the nursing home is withholding food or providing unpalatable means, and not providing them with enough water. Malnutrition and dehydration can have devastating impacts and may potentially put the resident in danger of illness or other harm.
Don’t ignore “mild” injuries, as ANY unexplained injury may signify that the resident is living in a high-risk situation.
Falls are one of the leading causes of injury and mortality in the elderly. They are also frequently preventable. Don’t ignore ANY fall in a nursing home. Ask for a care plan conference and examine the fall prevention care plan. Ask for the incident report (there should be one) and look for the “root cause” analysis to see if your loved one is being properly cared for.
Nursing home staff are required to track medications given to residents. There is simply no excuse for your loved one to receive excessive medications.
When a loved one who lives at the nursing home is showing behavior that has them withdrawing from family and friends it could reveal that something bigger is going on at the nursing home. It is possible the nursing home is neglecting or abusing the resident.
Falsifying a medical record is criminal in many states, including New Jersey. Altering the chart can dramatically impact the Resident’s safety. Signs of serious illness or injury could be overlooked or misunderstood resulting in harm to the resident.
When abuse or neglect is an issue, at least one of the above signs will generally exist. Davis & Brusca is proud to be the nursing home neglect lawyer NJ residents can count on to thoroughly review and diligently pursue the rights and interests of their loved one. We thoroughly investigate each case and gather the evidence needed to build a winning claim. In short, we get to the truth!
Many families place elder family members in the care of a nursing home because they believe this will be a safe environment for their loved ones. Unfortunately, some nursing homes neglect patients due to a lack of staffing, poor moral character, or profit-seeking motives. These are some of the common misconceptions about nursing home neglect.
Elder abuse can happen anywhere, including in institutional settings, such as nursing homes. If you believe your family member has been the victim of neglect, a nursing home neglect lawyer in NJ may be able to assist you.
The jobs of caregivers in nursing homes are difficult and often made worse by understaffing. Some patients can be hard to work with. However, employees in care facilities should never abuse patients as an act of retaliation. If you believe your loved one has been abused in a nursing home setting, contact a nursing home neglect lawyer in NJ for assistance.
People of all genders can be abused or neglected in nursing homes, particularly if they have a physical or mental impairment. An attorney at Davis & Brusca, LLC can help you investigate any potential abuse suffered by your loved one in a nursing home setting.
While abuse by family members does occur, caregivers in nursing homes may also neglect or abuse patients. If you have noticed signs of abuse or neglect, an attorney at Davis & Brusca, LLC can help you determine who is at fault.
Abuse can be physical, emotional, or both. There may not always be physical signs of abuse. It is important to be aware of changes in behavior or mental health that can be signs abuse has occurred.
Unfortunately, criminal prosecutions or discipline by nursing home management are not very common results of neglect or abuse cases. Often, the victims are too embarrassed, afraid or incapacitated to report the abuse. This makes it even more important for family members to be vigilant in watching for signs of abuse.
It is estimated that between two and five million Americans are victims of elder abuse or neglect every year. People who suffer elder abuse are three times more likely to die than their peers.
To schedule a consultation with a top nursing home neglect lawyer in NJ, call Davis & Brusca, LLC today.
The skilled NJ nursing home neglect lawyers at Davis & Brusca are proud to be the professionals to turn to when you or a loved one has fallen victim to abuse at the hands of a nursing home. We know that you have taken great care in seeking the most appropriate nursing home for your loved one. You trusted the facility to care for your family. When that nursing home fails to do its job and your loved one suffers serious injuries, trust the legal team at Davis & Brusca. We are the NJ nursing home neglect lawyers you can rely on. While nothing can turn back time or change what has already occurred, by taking action you can prevent similar problems from occurring for your family and others moving forward, and you can secure compensation for the harm your loved one has suffered and provide them with opportunities they didn’t previously have.
There are many situations that can create a legal claim against a care facility for harming a resident. Whether that incident occurred in a rest home, nursing home, convalescent home, rehabilitation facility, or somewhere else, the negligent company (and/or its negligent employees) can be held legally accountable for acts of abuse, neglect, recklessness, or negligence when they cause harm.
If you are concerned that your loved one may have been harmed by careless staff at an elder care facility, now is the time to speak up and to ask an experienced nursing home neglect lawyer NJ residents trust for answers about your options. The legal team at Davis & Brusca is always available to help family members who are concerned about the well-being of their elderly loved ones as a result of possible abuse and/or neglect.
There are innumerable ways a senior resident can suffer harm while admitted to a nursing facility when the facility fails to hire sufficient numbers of staff or uses a poorly trained staff. Sadly, cases of negligence and abuse are more common than many people realize. The family places their loved ones in these facilities because they are unable to provide the care themselves, and feel a tremendous betrayal of trust (along with immense emotional pain) when they learn that the facility failed to deliver necessary care or failed to provide a place where their loved one could live in safety and dignity. If this has happened to your family, trust the skilled lawyers from Davis & Brusca, LLC for help. Our New Jersey nursing home neglect law firm can help hold the responsible parties accountable and can seek compensation for the harm that your loved one has suffered.
According to a care compare report from Medicare.gov, there are 348 nursing facilities in New Jersey. Of these nursing facilities, 59 % are rated at or above the national average on the services provided by their nursing center. And 31 % of New Jersey nursing homes fall below average.
Examining the statistics of elder abuse, specifically abuse within nursing homes, can be terrifying. However, it is necessary to be well-informed so you can diligently monitor the care your family member or loved one is receiving. Here are some of the worrying statistics:
If your parent, grandparent, or other aging loved one has been neglected, consult with a nursing home neglect lawyer in NJ to find out if legal action is warranted.
An elder care facility must keep the premises reasonably safe and free of hazards for both the residents and visitors. If the staff are aware of broken machinery, debris on the floor, or something else that puts others in jeopardy, fails to correct it, and someone is hurt as a result, they can be found liable for “negligence.”
Nursing homes can be held accountable for harm caused by their failure to perform a proper inquiry into the skills, training, or background of their staff if those failures lead to harm from abusive, negligent, or otherwise careless staff. Failing to sufficiently train and oversee nurses or other care staff may be a factor in such suits. When you hire Davis & Brusca, you can trust the dedicated team of advocates at our New Jersey nursing home neglect law firm to investigate thoroughly and advise you of your options.
The Nurses and Care Staff responsible for caring for residents may commit negligence if they fail to provide care that meets with standards of care. An incident of poor medical care may turn into a serious medical malpractice lawsuit. Examples of ways that a facility may fail to properly care for a senior patient include:
No matter what the unique circumstances of your situation may be, our New Jersey nursing home neglect law firm will be more than happy to help you make an informed decision about your legal options. We look forward to speaking with you.
“Michael Brusca was always looking out for me and clearly communicated every step of the way. Michael understood how distraught I was after watching my father get sicker because of neglect. If you are going through the experience I went through you’ll be glad Michael Brusca is on your side!” – John W.
The lawyers at Davis & Brusca know very well that your loved one should never have been mistreated by the nursing home that you entrusted to care for them. Our firm has lawyers who have unparalleled experience in handling nursing home claims. We know that you deserve the very best and will help you fight for your rights. When you retain Davis & Brusca, you give your family its best opportunity to recover the compensation they deserve for the mistreatment and harm they have sustained. The experienced NJ nursing home neglect lawyers at Davis & Brusca can provide you with:
When facing legal matters related to nursing home mistreatment, our NJ nursing home negligence lawyers have an understanding of the road ahead which can only be achieved through decades of legal experience. Without the benefit of our level of experience, you will likely find your path full of trials and tribulations. Allow us to help you. Reduce the stress associated with your legal case. And put your focus on caring for your loved one.
Anyone who has fallen victim to nursing home mistreatment can benefit from meeting face-to-face with a New Jersey nursing home neglect lawyer at Davis & Brusca. Consulting with us may prove to be the key to a better future. If you or your loved one has experienced neglect or abuse in a nursing home, seek the advice of a top NJ nursing home neglect lawyer from Davis & Brusca and give your family the opportunity to obtain the compensation you deserve. Choosing the right lawyer, with the right experience is vital. Our team concentrates its practice on only a small number of areas, including nursing home neglect and abuse. This gives us insight and a depth of experience which is second to none. Scheduling a consultation with our dedicated and experienced lawyers will allow you to ask questions and will ensure you have the opportunity to hire an NJ nursing home negligence lawyer who is truly right for the job.
If you or your loved one has fallen victim to mistreatment or neglect in a nursing home, you will undoubtedly find yourselves overwhelmed with heartbreak and worry. You may also have faced, or may now be facing, potentially dangerous outcomes. When someone has been a victim of negligence in a nursing home, the results can be disastrous and irreparable. This is why it’s so essential that you acquire an NJ nursing home neglect lawyer to guide you through the legal process that may be necessary. As a result of the suffering your loved one may have experienced, they could be eligible for damages. Contact an NJ nursing home neglect lawyer that you can rely on at Davis & Brusca, LLC today to schedule a consultation with us.
"Davis & Brusca did an extremely through job on our case. I found their compassion and understanding during difficult times to be in measurable. I highly recommend this firm."
Mimi S
