Nursing Home Neglect Lawyer NJ

Nursing Home Neglect Lawyer NJ

An Experienced NJ Nursing Home Neglect Lawyer Can Make All the Difference

Nursing Home Neglect Lawyer NJ

Have you recently discovered that your elderly loved one has been abused or neglected by 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 which 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 a 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.

Common Dangers in Nursing Homes

There are nursing homes which 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 occur, 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.

Nursing Home Neglect is Appallingly Common

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.

A Look at the Numbers

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.

Common Complaints

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 wellbeing of elders.

Signs to Watch Out For

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:

To discuss your loved one’s case with an experienced nursing home neglect lawyer, contact our NJ office to request a free consultation.<  Davis & Brusca, LLC. We are here for you.

Get Professional Help & Taking Action Against Nursing Home Abuse

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, 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. 

About Nursing Home Abuse and Neglect

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 problem 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

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.

Sexual Abuse

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 who’s consent is invalid due to undue influence, coercion, or duress.

Emotional, Psychological, and Verbal Abuse

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, Neglect, and Abandonment

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 a common cause of elopement (unauthorized “leaving” of a facility).

Financial Abuse

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. A NJ nursing home neglect lawyer can also pursue a lawsuit for financial abuse, just as the can for physical, emotional, and sexual abuse. 

Willful Deprivation

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.

FAQ:

Can I Sue A Nursing Home For Negligence 

What Constitutes Neglect In A Nursing Home

What Common Types Of Medication Errors Are Considered Negligence

What If I Signed an Arbitration Agreement?

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 which 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. 

Take Immediate Action If You Recognize Any of these Signs of Nursing Home Neglect?

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 grew concerned about the well-being of their loved one. Common signs may include:

  1. Malnutrition – 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.
  2. Dehydration – It can occur at nursing homes that 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. 
  3. Weight loss – 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.
  4. Use of Restraints – If a resident has been restrained at the facility, then this may show clear signs of abuse.
  5. Restraint bruises – 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.
  6. Unclean living areas – An unclean living environment or one that is cluttered and has objects that could cause a senor 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.
  7. Complaints of hunger or thirst – 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.
  8. Odd injuries – Don’t ignore “mild” injuries, as ANY unexplained injury may signify that the resident is living in a high risk situation.
  9. Falls – 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.
  10. Overdosing on medication – Nursing home staff are required to track medications given to residents. There is simply no excuse for your loved one receiving excessive medications.
  11. Isolation
  12. Emotional outbursts
  13. Withdrawing from family and friends – 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. 
  14. Falsifying medical records – 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.
  15. Failing to provide necessary treatment

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! 

7 Common Misconceptions About Nursing Home Neglect

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 lack of staffing, poor moral character or profit-seeking motives. These are some of the common misconceptions about nursing home neglect.

1. Elder Abuse Only Happens at Home

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.

2. Nursing Home Abuse Happens Because Patients Are Difficult To Deal With

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.

3. Men Aren’t Abused in Nursing Homes

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.

4. Family Members Are Usually the Abusers

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.

5. There Has To Be Physical Signs for Abuse To Have Occurred

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.

6. Abusers Always Get Punished

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.

7. Elder Abuse Isn’t a Serious Problem

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 harms your loved one has suffered and provide them with opportunities they didn’t previously have.

Why Davis & Brusca?

Th 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 experienced 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 harms 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.

Scheduling a Consultation

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 advise of a top NJ nursing home neglect lawyer from Davis & Brusa and give your family the opportunity obtain the compensation you deserve.  Choosing the right lawyer, with the right experience is vital.  Our team concentrates its practice in 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 a 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 victim to negligence in a nursing home, the results can be disastrous and irreparable. This is why it’s so essential that you acquire a 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 a NJ nursing home neglect lawyer that you can rely on at Davis & Brusca, LLC today to schedule a consultation with us.

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