Nursing Home Negligence
No one ever expects a family member or friend to be the victim of abuse in a nursing home. However, incidents of abuse do occur every day and in many ways. Unfortunately, abuse appears to be on the rise as the number of nursing home residents steadily increases due to our rapidly aging population. When someone you care about has been the victim of nursing home abuse, the problems can seem overwhelming.
Because of a nursing home resident’s limitations, family and friends are often called upon to ensure that a loved one or friend receives the care he or she is entitled. Nursing home negligence typically includes the failure to provide basic necessities such as water, protection from health and safety hazards and general appropriate care. Negligence can result in injuries such as falls, broken hips, bed sores, malnutrition, dehydration, improper wound care and other injuries which may result in severe medical complications and even death. Negligence can also include abuse such as physical, emotional, verbal, mental, sexual and/or exploitative (illegally taking, misusing, or concealing funds, property or assets) or a combination of the above.
Stark & Stark’s Nursing Home Litigation Group will advise you of your loved one’s legal rights, and will aggressively prosecute a claim whenever our investigation reveals any instances of abuse. In 2007, David Cohen, Chair of the Nursing Home Group, launched the Nursing Home Law Blog in order to provide provides readers with timely information on nursing home and assisted living care.
Has someone you care about been injured by neglect, abuse or mistreatment? Have you witnessed unexplained injuries?
If so, you and your loved one may be entitled to monetary compensation for injuries stemming from the following:
- Bed sores
- Lack of supervision
- Fall downs - lack of restraints
- Improper medication
- Improper nutrition
- Lack of sanitary conditions
- General neglect
- Fractured hips
What are the rights of residents of New Jersey's nursing homes?
All New Jersey nursing homes must:
- Provide proper medical and nursing home care for all residents
- Protect resident funds
- Honor the privacy and confidentiality of each resident
- Ensure that residents are free from physical restraints used for purposes other than to treat medical symptoms
- Develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property
- Promote the quality of life for each resident
- Protect the dignity of each resident
- Encourage all residents to participate in the planning and in the decisions related to care and treatment and to make choices about significant aspects of his or her life in the facility
- Provide each resident with the right to receive services with the reasonable accommodation of individual needs and preferences, without endangering the well being of the individual or other residents
- Provide an ongoing program of activities designed to meet the interests and physical, mental and psychosocial well being of each resident
If any one of these rights is violated, New Jersey's comprehensive law provides substantial remedies.