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New Jersey Nursing Home Abuse Attorneys

nursing home abuse attorneysNursing home abuse remains all too common across New Jersey and the United States. According to one scientific study in Cureus, “Many studies estimate that about 10% of all people over the age of 65 experience some form of abuse. These rates are often higher in long-term care facilities such as nursing homes, despite government regulations aimed toward addressing this issue.” Elderly patients who are in poor mental or physical health have a higher risk of being abused. Residents with Alzheimer’s disease or dementia are particularly at risk.

Nursing homes are supposed to do everything in their power to ensure that patients are protected and well cared for. But far too often, this does not happen. Abuse almost never occurs in isolation. Rather, it tends to be indicative of systemic failures within a facility, including a lack of supervision or training. If you or someone that you care about has been harmed by nursing home abuse, you may have legal recourse. The New Jersey nursing home abuse attorneys at Gersowitz Libo & Korek, P.C. are here to help in any way that we can. We can evaluate the unique facts of your case and let you know what your legal options are. You can reach our law firm anytime at 800-529-9997.

Common Examples of Nursing Home Abuse

Elder abuse is a serious and widespread problem that can come in many different forms. It can range from minor incidents to severe abuse or neglect resulting in death. There are several signs commonly associated with nursing home abuse. This may include instances where residents have poor hygiene, bedsores, unexplained injuries, anxiety, and social withdrawal. Here are some of the most common examples of nursing home abuse.

  • Physical Abuse: Nursing home residents may be subjected to the use of force that results in bodily harm, pain, or impairment. This could include instances of hitting, punching, slapping, and the improper use of restraints.
  • Psychological Abuse: Nursing home residents often face more subtle forms of abuse, including psychological abuse. Many nursing home residents have been subjected to yelling, insults, threats, isolation, and manipulation that causes fear or anxiety.
  • Sexual Abuse: Nursing home residents may experience sexual abuse. Examples of this may include inappropriate touching or groping, sexual assault, and forced nudity.
  • Financial Abuse: Nursing home residents are at risk of having their personal finances exploited. Staff at these facilities may steal cash, jewelry, or other valuables. They may also coerce a resident into giving up control of their finances.
  • Neglect: Nursing home residents may be injured through neglect when their basic needs are not being met. Residents may have their medical needs ignored. Those with limited mobility may develop bedsores because they are not being rotated periodically in their beds.

Elder abuse within nursing homes can be extremely traumatic for the victim. In many instances, abuse can lead to life-threatening infections and death. Victims may also suffer long-term psychological harm that impacts their overall quality of life. By understanding and recognizing signs of nursing home abuse, family members, caregivers, and advocates are better able to protect vulnerable residents.

How Nursing Home Neglect Can Lead To Bedsores

Bedsores, also known as pressure ulcers, are one of the most common and serious types of injuries that can take place in a nursing home setting. According to the Clevel and Clinic, “Bedsores are wounds that occur from prolonged pressure on your skin. People who are immobile for long periods, such as those who are bedridden or use a wheelchair, are most at risk for bedsores. These painful wounds, or pressure ulcers, can grow large and lead to infections.” Bedsores may develop for a number of reasons in a nursing home setting.

  • Immobility: The most common cause of bedsores is immobility for sustained periods. A nursing home resident may be immobile due to illness or some type of injury.
  • Poor Nutrition: A lack of proper nutrition and hydration can cause a person’s skin to become weak and make it more susceptible to bedsores. In particular, residents may not get enough nutrients such as protein, vitamins, and minerals.
  • Moisture: Any type of prolonged moisture on a person’s skin can cause it to become soft and more vulnerable. Moisture could come from spills, sweat, or urine.
  • Friction: When a nursing home resident is moved or shifts in their bed, their skin can rub against the bedding and cause friction. Over time, this can contribute to bedsores.
  • Medical Conditions: Certain medical conditions, such as diabetes, vascular disease, and neurosurgical conditions, can affect a patient’s blood circulation and increase their risk of developing bedsores.
  • Inadequate Care: When residents are not given adequate care, such as proper hygiene, this makes bedsores more likely. It also increases the odds that bedsores are not detected until they are severe.

Bedsores remain extremely common. According to the Agency for Healthcare Research and Quality, “Each year, more than 2.5 million people in the United States develop pressure ulcers.” The Centers for Disease Control estimate that more than 1 in 10 nursing home residents have developed bedsores during their stay. In order to prevent bedsores, nursing home staff must properly care for all residents. This includes repositioning immobile residents, ensuring proper hygiene, and feeding them a nutritious diet.

Common Causes of Nursing Home Abuse

Nursing home abuse is a multifaceted issue that may be influenced by many different factors within a care environment. At the end of the day, nursing homes are businesses that seek to maximize profits. But this incentive can often lead to cost-cutting measures that directly contribute to numerous forms of abuse or neglect. For example, a nursing home may overwork their staff until they are burned out. This may create stress and tension, which then causes staff to become impatient or abusive towards residents. Several other factors may contribute to nursing home abuse.

  • Understaffing: Nursing homes may reduce the number of staff that they have in order to reduce overhead costs. This leaves fewer caregivers able to adequately look after residents. Understaffing may also be the result of a high turnover rate within these facilities.
  • Inadequate Training: All staff within a nursing home should be adequately trained to care for all of the different needs that residents have. Insufficient or inadequate training can leave staff ill-equipped to deal with the complex physical or medical needs of residents.
  • Poor Quality of Care: Financial pressures may lead to deferred maintenance within a nursing home. This can result in unsafe living conditions that put residents at risk of serious harm. Cost-cutting measures can also reduce the availability of essential resources such as medical supplies, proper nutrition, and hygiene products.
  • Insufficient Oversight and Accountability: Abuse tends to thrive in an environment where there is lax oversight and no accountability for wrongdoing. A lack of proper supervision in a nursing home setting can allow abusive behaviors to go unnoticed and unaddressed. In far too many situations, when abuse is uncovered, those responsible are not punished in any way.

It is crucial that nursing homes are periodically inspected in order to ensure that patients are receiving adequate care. There are laws designed to mitigate abuse in nursing home settings, but these laws are not always followed. In order to prevent abuse, nursing homes must ensure compliance with all laws and regulatory standards. They must also allocate sufficient resources to employee training and enforce oversight and accountability measures. By doing this, nursing homes can create a safer and more supportive environment for all of their residents.

Liability For New Jersey Nursing Home Abuse

There are several local and federal statutes that prohibit nursing home abuse in New Jersey. At the state level, N.J.A.C. 8:39-4.1 to 4.4 outlines the rights of residents at nursing homes. Among other things, residents have a right to live free from abuse, neglect, and exploitation. At the federal level, the Federal Nursing Home Reform Act requires that nursing home facilities provide the highest practicable mental and physical well-being for each resident. Several entities could be liable for any instance of nursing home abuse.

  • Medical Staff: Doctors, nurses, and other medical professionals could face liability if they fail to provide appropriate care for residents or engage in any type of abusive behavior.
  • Nursing Home Owners: The entities or individuals that operate nursing homes could be liable if they fail to take reasonable actions to prevent abuse. This includes failing to implement proper policies, not supervising staff, or not addressing complaints about abuse.
  • Third-Party Contractors: Nursing home residents often have complex medical needs that require the use of third-party contractors. These contractors can also be held liable if they fail to provide adequate care or abuse patients.
  • Government Agencies: In rare cases, it is possible for government agencies to be held liable for nursing home abuse. This could happen if they fail to enforce regulations or to properly inspect facilities where abuse is allowed to continue unchecked.
  • Product Manufacturers: The company that made medical products used by nursing home residents could be liable if their product was defective and caused injury. For example, at least 284 people had been killed in incidents related to the use of adult bed rails.

One of the main ways that nursing home abuse is prevented is through reporting and oversight. The New Jersey Adult Protective Services Act mandates the reporting and investigation of suspected instances of abuse or neglect of nursing home residents. But it is very common for instances of abuse to never be reported. Nursing homes simply do not want to face the possible fines and penalties that may come with allowing instances of abuse to take place.

Steps To Take After Nursing Home Abuse

Learning that a loved one has suffered abuse can be extremely distressing and overwhelming. People rely on nursing homes on the assumption that these facilities are best positioned to care for their families. Any instance of abuse is a major violation of trust. Prompt action is crucial to protecting victims and holding wrongdoers accountable. Here are just a few of the steps to take if you uncover nursing home abuse.

  • Ensure Immediate Safety: If any instance of abuse is ongoing or a person’s safety is in immediate jeopardy, it is best to remove the victim from the nursing home. Arrangements should be made for them to stay at a location that is able to meet their needs.
  • Seek Medical Attention: It is best to ensure that victims of abuse receive a thorough medical evaluation. Healthcare providers are able to assess and treat any injuries or health issues resulting from the abuse.
  • Document Evidence: It is important that all relevant evidence is collected after any instance of abuse. This may include (1) photos of injuries or unsafe conditions, (2) medical records, (3) witness statements, and (4) written accounts of the victim’s experience.
  • Report The Abuse: Any instance of abuse should be reported to the police if a crime was committed. This will help create a record of what took place and help ensure an investigation is conducted.
  • Seek Legal Assistance: Contact an attorney as early as possible. They can provide you with legal advice and evaluate all of the unique facts of your case free of charge.

Taking these steps can help ensure the safety of the victim and prevent future instances of abuse. If an attorney determines that you have a case that can be pursued, you will have the option to pursue damages through a civil claim. Damages can help cover many of the costs that often come with abuse or neglect in a care setting. It doesn’t cost anything up front to hire an attorney, and they only get paid by the opposing party if they are able to resolve your case.

Getting Legal Help After Nursing Home Abuse

teamThe New Jersey nursing home abuse attorneys at Gersowitz Libo & Korek, P.C. are committed to helping victims of nursing home abuse get justice. We understand how difficult it can be to learn that the very people in charge of your loved one’s care were actually harming them. This is why we do everything in our power to give every case the time, resources, and care that it needs in order to achieve the best outcome.

If you or someone that you care about has been injured at a nursing home, you may be entitled to financial compensation. It is our belief that all people have the right to live their lives free of injustice, abuse, and neglect. We are motivated by the understanding that the best way to prevent abuse is to hold wrongdoers accountable for their actions. Our legal team has decades of experience and has consistently achieved some of the highest verdicts and settlements across New Jersey and New York. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 800-529-9997.

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