New Jersey Nursing Home Abuse Lawyer
Passionate New Jersey Nursing Home Abuse Lawyer Ready to Fight For Your Loved Ones
Nursing home abuse is tragic and, unfortunately, common in the United States and throughout New Jersey in particular. Elderly Americans have rights, and there are laws designed to protect individuals in nursing homes and other assisted living facilities. Although these laws should ensure adequate living conditions for nursing home residents, many facilities failed to meet the necessary standards. Oftentimes, a nursing home will attempt to save money and fail to care for the residents properly. When this happens, families and the residents themselves have the right to pursue claims against those facilities with an experienced New Jersey Nursing Home Abuse Lawyer.
If you believe your loved one suffered from abuse or neglect in a nursing home, contact Gelman Law, LLC to discuss your claim with the compassionate and experienced personal injury lawyers at our firm. Your loved one deserves to spend their later years with respect and dignity. Nursing homes that fail to provide proper care and living conditions should face the consequences of their negligence.
Nursing Home Residents Have Rights
In New Jersey, a state Bill of Rights provides certain protections for residents in nursing homes. This document provides the following protections against neglect and abuse:
- Residents have the right to live without abuse, neglect, or physical restraint
- Residents may leave the nursing home during the day
- Can discharge themselves from the home
- Can have some control over their environment
- May wear their own clothing
- Have the right to receive proper medical care and to refuse treatments
- Have private social interactions
- Can communicate with the outside world
- Can manage their finances without fear of financial abuse
- May complain about the conditions in the nursing home without suffering retaliation
While these rights exist in New Jersey law, many long-term care facilities regularly violate these regulations. Many nursing home abuse cases and other violations go unreported, leaving residents to suffer inadequate and harmful conditions.
Common Forms of Nursing Home Abuse
Nursing home abuse often comes in the form of neglect. Neglect involves several different failures on the part of the nursing home staff. The results of nursing home neglect can be devastating and even fatal for residents.
Facilities often neglect residents by failing to:
- Prevent residents from leaving when they suffer from dementia and are at risk
- Administer medical care promptly
- Provide adequate food and water
- Institute fall protection and prevention strategies
- Provide necessary medication
- Care for immobile patients to prevent bedsores and related ailments
When a resident suffers from neglect, they are at risk of many forms of injuries and illnesses. For instance, slip and fall accidents are a common safety concern for nursing home residents. Care providers should implement protections and supervision to prevent injuries in these situations. When the risk of falling is as significant as it is for these patients and residents, there is no excuse for caregivers who fail to anticipate these concerns. Additionally, many residents suffer from disorientation, and wandering out of the facility can put these individuals in peril.
Nursing home residents typically live in these facilities because they require special care and assistance. Failing to provide necessities, including medication, food, and water, is a severe violation of the duty nursing home facilities owe to their residents. The same is true for facilities that fail to care for bedridden patients leading to pressure ulcers or bed sores.
Physical Abuse in Nursing Homes
Sadly, not only do nursing home residents often suffer from neglect, but they may also experience physical and sexual abuse. Physical abuse might include pushing, shaking, shoving, punching, or otherwise intentionally injuring a resident. In other cases, misuse of restraints for nonmedical purposes or to discipline the residents can cause physical harm and distress.
Reports indicate the female nursing home residents and individuals suffering from dementia and other forms of Alzheimer’s are at a greater risk of suffering sexual abuse. Perpetrators will take advantage of Alzheimer’s and dementia patients’ impaired memory as these victims struggle to report instances of abuse.
How to Tell if a Loved One is Suffering Abuse
Residents in nursing homes often cannot report abuse because of their conditions. However, family members may notice suspicious signs that indicate abuse. If a nursing home resident suffers frequent falls, unexplained injuries, bedsores, unsanitary conditions, exhibits sudden changes in behavior, or dies in an unexpected and unexplained manner, families should consider the possibility That their loved ones suffered abuse.
If staff delays organize the right to visit a family member, this should also serve as an indication that something might be wrong. If you suspect that your loved one suffered abuse in a nursing home, you should contact a qualified New Jersey nursing home abuse lawyer at Gelman Law, LLC right away.
Contact a Trusted New Jersey Nursing Home Abuse Lawyer at Gelman Law, LLC for a Free Case Evaluation Today
No one should suffer neglect and abuse, especially at the hands of individuals tasked with providing care for a vulnerable population. Gelman Law, LLC takes nursing home abuse cases seriously and will fight to hold negligent and abusive nursing home facilities accountable for their actions. Call a dedicated New Jersey nursing home abuse lawyer at our firm today to discuss your case.
Frequently Asked Questions (FAQs) About Nursing Home Abuse Claims in New Jersey
Nursing home abuse can be tragic and shocking. If your family member experienced abuse in a nursing home facility, you might have some questions about filing a claim.
New Jersey has a statute of limitations that will prevent individuals from filing a nursing home abuse case if they wait too long. The statute will cause your claim to expire two years after the date that you discovered the abuse or the date of the victim’s death any wrongful death claim. Never hesitate to contact a New Jersey nursing home abuse lawyer at our firm because the time limits are strict.
New Jersey does not have a cap on compensatory damages, including those for pain and suffering. Economic damages cover costs such as medical bills and lost wages. In many cases, the non-economic damages for pain and suffering will exceed economic damages. Many states will place a cap on pain and suffering, but New Jersey does not.
There is, however, a cap on punitive damages in New Jersey. Punitive damages penalize defendants for particularly egregious conduct. In a personal injury claim, you can recover at most five times the compensatory damages, or $350,000. The law permits plaintiffs to recover the higher amount, so if the compensatory damages in your case amount to $100,000, you could collect $500,000 in punitive damages. If your claim is only worth $50,000, you can recover up to $350,000 in punitive damages.
However, courts rarely award punitive damages. Also, New Jersey courts will not consider punitive damages in wrongful death claims.