Placing a loved one in a nursing home is never an easy decision. You rely on the facility to deliver the necessary care and attention. The thought of your loved one being abused or neglected by those entrusted with their well-being is far from your mind. Unfortunately, statistics show that 1 in 60 older adults worldwide experience abuse in nursing homes, with 2 in 3 staff members admitting to engaging in neglect or abuse of residents. If this happens to someone you know, you must seek a New Jersey nursing home abuse lawyer right away.
Nursing homes in New Jersey are legally bound to a standard of care when handling their residents. If this standard of care is breached, the law allows victims of nursing home negligence to seek legal compensation so long as they can substantiate their claims of abuse or neglect. This allows victims to hold the negligent parties accountable for their actions so that residents may receive legal redress.
At Varcadipane & Pinnisi, P.C., we understand that elderly or infirm residents might be unable or unwilling to speak up to protect their rights. We are here to support you and your family through this challenging time. Our New Jersey nursing home abuse lawyer will handle the filing of a nursing home abuse claim and seek rightful compensation.
We offer free case reviews to discuss the validity before proceeding with legal representation. Trust our compassionate New Jersey nursing home negligence attorneys to stand by your side and fight for justice.
Nursing home abuse happens when a resident in a nursing home sustains harm from the people who are supposed to care for them. This harm can be physical, emotional, sexual, or financial. It can also include neglect, which means not providing the care or attention the resident needs.
The NJ Rev Stat § 30:13-3 (2023) defines nursing home abuse as any despicable act by a caregiver or staff member that falls below the prescribed standard of care. This includes intentional infliction of harm, such as yelling sexual abuse, financial exploitation, and others. Nursing homes are required by law to offer appropriate medical assessment, management, and care for their residents.
Societal attitudes towards aging and the elderly have played a big role in forming misconceptions about nursing home abuse and neglect. Although families have embraced the idea of nursing home care to provide their aging loved ones with the best possible care to a great extent, those misconceptions still affect the effectiveness of nursing home care.
Here are some of the most common misconceptions about nursing home neglect:
One of the most pervasive misconceptions is that elder abuse only occurs in home settings. People often believe that family members or caregivers within the home are the primary abusers.
However, nursing homes in New Jersey have also been sites of significant elder abuse and neglect. Residents are particularly vulnerable if they depend on negligent staff. This makes it crucial for families to remain vigilant even when their loved ones are in a professional care setting.
While it’s true that family members can sometimes be the perpetrators of elder abuse, this is not always the case. In nursing homes, staff members, other residents, and even facility management can be responsible for mistreatment. These settings have reportedly been cited for physical harm, emotional manipulation, financial exploitation, and neglect.
Another misconception is that those who abuse elders in nursing homes always face punishment. The sad reality is that many cases of nursing home abuse go unreported or are inadequately addressed.
Lack of evidence, fear of retaliation, or failure of the system to protect the elderly can result in abusers escaping justice. Families need to advocate strongly for their loved ones to ensure proper legal action is taken against abusers.
People often think that abuse must leave physical marks to be considered valid. However, elder abuse can take many forms, including emotional, psychological, and financial abuse. Emotional abuse might manifest as verbal assaults, threats, or isolation, none of which leave visible marks but can severely affect a resident’s mental health. Financial exploitation also leaves no physical signs but can be equally damaging.
Some people downplay the severity of elder abuse, assuming it’s a rare issue or not as critical as other forms of abuse. One major reason for misconceptions about nursing home neglect is the general lack of awareness.
Since people simply do not understand what constitutes neglect or how prevalent it is, it can lead to underreporting and inadequate responses from authorities and institutions. Elder abuse is a severe and widespread problem – not just in New Jersey, but also across the whole country. This misconception leaves the victims helpless and can adversely affect their physical, emotional, and financial status.
There is a harmful belief that nursing home abuse occurs because residents are challenging to manage. This belief tends to shift blame away from abusive caregivers and justifies neglect or mistreatment.
However, it is important to note that every resident has the right to receive compassionate and professional care, regardless of their condition or behavior. So, if you suspect any sign of abuse, be sure to take swift steps to have the matter investigated by an attorney so as to hold the liable parties responsible.
Elder abuse is often mistakenly thought to affect mostly women, when, in fact, men are also regularly victims. Around 35% of home abuse victims are men, and this is a huge number of people considering the millions of people currently admitted to nursing homes and other care facilities.
Therefore, this misconception can lead to so many male abuse cases being overlooked or not taken seriously. Both men and women are vulnerable to various forms of abuse in nursing home settings.
The outcome of your case is greatly pegged on the choice of your legal representation. Your lawyer’s experience in this area of law can greatly determine the final result of your case. We believe we remain your top priority for your New Jersey nursing home abuse case. Here are the reasons why:
Our firm has a consistent record of successful results, having won over $50 million in recoveries for our clients. We boast over 99% success rate in our cases. This shows that the likelihood of achieving a successful outcome for your case is very high. We always employ all we know about the law to achieve the best possible outcome that reflects the interests of our clients.
We understand that legal battles can be financially overwhelming. Usually, abuse cases strike when finances are down, or may even deplete the available resources in no time. That’s why we operate on a contingency fee basis, so you don’t pay any fees unless we win your case. This ensures that our interests perfectly align with yours, and you can initiate and sustain a legal process without financial stress.
With over 40 years of experience, our team provides personalized attention to each case we handle. We take the time to precisely grasp your unique scenario and tailor our approach to meet your specific needs. Our combined experience enables us to take up even the most complex of abuse cases effectively.
Our legal team is a mix of professionals who have dedicated their professional prowess to advocating for victims of nursing home abuse. We have a vast network of experts, including medical professionals, investigators, and analysts, to bolster your claim and provide comprehensive support.
On top of nursing home abuse cases, we offer a broad spectrum of other legal services. We can handle any case whether it falls under personal injury, civil litigation, or commercial litigation. Our wide practice area approach means that should your case take a different direction in law, you can depend on us for continuity and professionalism throughout your legal proceedings.
Identifying abuse in nursing homes is critical to ensuring the safety and well-being of residents. Importantly, it is the first step to forming the basis of your legal acclaim for compensation.
Here are some ways we can identify the innocence of abuse in nursing homes.
Physical abuse denotes the use of force against a resident that results in bodily injury, pain, or impairment. According to a survey report involving 452 nursing home residents, 24.3% reported having experienced physical nursing home abuse at least once.
Common signs that a resident has suffered physical abuse include the following:
Due to torture associated with physical abuse, nursing home victims may also exhibit signs of fear or anxiety around certain staff members or other residents who are their perpetrators.
Isolation occurs when a resident is deliberately kept away from other people. This can mean being confined to their room or prevented from participating in social activities. Isolation can make one feel lonely, depressed, or anxious.
If isolation is found to occur in a nursing home facility in New Jersey, the institution or the responsible member of staff should pay for the resulting damages, such as the cost of managing depression and other mental predicaments.
Emotional and mental abuse involves verbal assaults, threats, humiliation, and harassment. This type of abuse is not easy to detect as it doesn’t leave physical marks, yet it causes significant psychological damage. Look for signs such as:
This type of abuse involves verbal assaults, threats, humiliation, or harassment that cause emotional pain or distress. According to the Elder Abuse and Psychological Well-Being report, clinical depression was significantly linked to cases of older adults who experienced sexual abuse in nursing home settings.
Typically, it can be harder to detect emotional and mental abuse as it doesn’t leave physical marks. However, victims of emotional abuse have experienced significant psychological damage.
Signs to watch out for include.
Sexual abuse in a nursing home means non-consensual sexual contact with a resident. This can include unwanted touching, sexual assault, or coercing a resident into sexual acts. The federal data and interviews with experts reveal that over 1,000 nursing homes had been cited for mishandling or failing to prevent instances of sexual abuse over a 4-year period.
Signs of sexual abuse include:
Unfortunately, sexual abuse is the least reported kind of abuse in nursing home settings. In a 2020 World Health Organization (WHO) report, only 1.9% of residents reported nursing home sexual abuse.
Personal neglect occurs when the basic needs of a resident are not met. This can include inadequate hygiene, not providing necessary medications, or failing to assist with daily activities like eating and bathing.
Some common signs of personal neglect include the following:
Medical neglect is the practice of a nursing home failing to provide the necessary medical care to a resident. It is the most common form of negligence in nursing homes and includes not administering medications, ignoring medical complaints, and failing to provide treatments for medical conditions.
Most recent reports find that medical neglect accounts for over 14% of all reported cases of elder abuse in nursing homes. Signs of medical neglect may include the following:
Financial abuse means that someone is illegally or improperly using a resident’s money, property, or assets. This includes forging signatures, coercing residents into signing documents, or stealing money and possessions.
As highlighted by the American Association of Retired Persons (AARP), here are the signs that a resident might be going through financial abuse:
Abuse by staff is any form of abuse perpetrated by the caregivers or employees of the nursing home. Mostly, we have noted that staff abuse often goes unreported because residents may fear retaliation or not be able to communicate the abuse effectively.
At times, residents may subject others to physical, emotional, or sexual abuse. This can include physical fights, bullying, sexual assault, or theft. Signs include unexplained injuries, complaints from the victim, and increased anxiety or fearfulness in the resident.
Abuse by visitors involves harm caused by people who come to visit the residents, such as family members or friends. Around 10% of all nursing home negligence cases are perpetrated by visitors to the facilities. Such cases reportedly involve physical, emotional, or financial abuse.
Be on the lookout for the following signs of abuse by visitors to nursing home facilities:
The statistical data reveals that there are over 39,0000 residents in assisted and nursing home facilities as of 2023. This indicates a huge population of certified nursing homes in the state. Consequently, the cases of home nursing abuse cases in New Jersey are unfortunately too common.
On August 20, 2020, the Office of the Inspector General at the US Department of Health and Human Services published a report revealing significant lapses in New Jersey nursing homes’ reporting of abuse and neglect cases.
The report analyzed data from 2016, reviewing 4,402 hospital claims covered by Medicaid. Key findings included:
In 2019, New Jersey’s Adult Protective Services (APS) received over 6,000 reports of elder abuse, neglect, and exploitation, many of which involved residents of long-term care facilities.
In 2021, Woodland Behavioral and Nursing Center in Andover faced scrutiny after 17 bodies were discovered in a makeshift morgue at the height of the COVID-19 pandemic. Investigations revealed numerous issues, including severe staff shortages, poor infection control practices, and neglect of residents.
Another significant case involved the Andover Subacute and Rehab II. As per the Centers for Medicare & Medicaid Services reports, the facility made headlines and received numerous complaints about neglect, inadequate staffing, and failure to maintain proper hygiene and care standards.
Due to such rampant cases, nearly 360 nursing homes in the state had violations related to abuse or neglect by May 2022. Also, according to the Office of Inspector General, 20 nursing homes in New Jersey were reported to be at increased risk in case of infectious disease outbreaks.
From that time to date, several lawsuits have been filed against nursing homes and their staff due to neglect and abuse. Some of the notable cases in these lawsuits include cases where residents developed severe bedsores, suffered from malnutrition, and experienced medical neglect, resulting in serious injury or death.
Sometimes, nursing home neglect and nursing home abuse are very related issues that both threaten the well-being of residents. While both can lead to serious injuries, they differ primarily in intent.
Nursing home abuse denotes intentional conduct that causes harm, such as physical assault, emotional torment, or financial exploitation.
On the other hand, nursing home neglect typically arises from negligence rather than intentional harm. Neglect happens when caregivers fail to provide adequate care, resulting in harm or risk to the resident.
For example, consider a scenario where a nursing home staff member intentionally hits a resident. This would be classified as abuse because the harm is deliberate. On the other hand, if a resident develops bedsores because the staff did not regularly reposition them, this would be considered neglect. Although the harm was not intentional, the lack of appropriate care still resulted in significant injury.
When it comes to pursuing legal recovery for abuse, you must be able to understand the difference between these two. Your New Jersey Nursing Home Abuse Lawyer can help determine which case has injured the victim so as to take appropriate actions to safeguard residents’ health and dignity.
Despite the fact that nursing homes have inflicted much harm on their residents through abuse and neglect, New Jersey has several rights to safeguard elderly residents. These rights are enshrined in the Nursing Home Residents’ Bill of Rights” and “Assisted Living Bill of Rights. The bills set the responsibilities of nursing homes and the rights of nursing home residents. (N.J.S.A. 30:13-5/ N.J.S.A. 26:2H-128).
The rights are many, but we have compiled them for you as follows:
Importantly, the New Jersey statutes N.J.S.A. 30:13-8 and N.J.S.A. 26:2H-12-8 establish a resident’s right to file a lawsuit when their rights are infringed upon. Furthermore, the Department of Health and Senior Services is authorized to take legal action to enforce the Patient Bill of Rights.
One of the best ways to empower the family members of nursing home residents in New Jersey is to make them understand what to do immediately after suspecting signs of abuse. This is because appropriate and timely action can help take away the abuse and form the basis for legal action.
Here are the proper steps to take:
The first and most crucial step is to accurately document any signs of abuse. Take detailed notes on what you observe, including dates, times, and specific incidents. Ensure you capture:
Having accurate details of the injury will significantly bolster the case in the event of a criminal or civil lawsuit for nursing home abuse.
Reporting the abuse to the relevant authorities is the next vital step. You may file a complaint with the New Jersey Department of Health (NJDOH). You will need to gather as many details as possible, such as:
There are diverse ways to report your nursing home abuse in New Jersey. These include the following:
If you think the resident is in immediate danger, be sure to call 911 for emergency assistance. To get the best outcome, report nursing home abuse promptly to make sure your loved one gets the care they need.
The Long-Term Care Ombudsman Program in New Jersey is another vital resource. The Ombudsman advocates for residents’ rights and investigates complaints of abuse and neglect. Contacting this program can provide additional support and ensure that the complaint is thoroughly investigated.
You don’t want to handle the legal processes of nursing home abuse claims alone. Taking on nursing homes and their staff can prove challenging. They have huge resources to protect their interests and they work in a highly professionally regulated environment.
Therefore, if you suspect an abuse sign on your loved one, it’s prudent to consider reaching out to a New Jersey nursing home abuse attorney. They will provide sound legal advice and represent you in court if necessary. They can help navigate the New Jersey Elder Law to ensure the resident receives justice.
If you suspect that a loved one is a victim of nursing home abuse, engaging a skilled nursing home abuse lawyer can be a pivotal step in securing justice and safeguarding their well-being. Here’s how an experienced attorney can assist you:
A New Jersey nursing home abuse lawyer has specific knowledge of elder law. They can competently navigate diverse issues regarding nursing home abuse claims as well as those arising from assisted living facilities. With a lawyer on your side, you can, therefore, leverage their experience and file a claim that can swim adequate compensation.
Nursing home abuse cases require strong strategies to successfully bring a lawsuit against a medical nurse or their institution. When you choose to engage a lawyer, they will take a close look at your case to determine its merits. You will see them put emphasis on reviewing all incident reports and any pertinent documentation. They may also interview witnesses and gather evidence that bolsters your claims.
Some of the abuse cases witnessed in nursing homes can be emotionally tasking for the family member. When abuse occurs, such as sexual abuse, they may feel overwhelmed and not know what to do exactly.
Luckily, an abuse lawyer provides invaluable advice on your legal options. They will guide you through the process, explain each step clearly, and help you determine the next appropriate action. This ensures that you understand your rights and the potential outcomes of your case.
The lawyer will assist in filing formal complaints with relevant authorities, including the New Jersey Department of Health or the Long-Term Care Ombudsman Program. If necessary, they can also file lawsuits against the responsible parties, including the nursing home, its staff, or other involved entities.
If your case has to go to trial, your lawyer will represent you and your loved one, advocating for their rights and interests. They will prepare and present compelling arguments, interrogate witnesses thoroughly, and attempt to achieve the best possible outcome for your case.
Often, the defendants in an abuse case may employ their tactics to lowball or deny your claims. However, nursing home abuse lawyers are skilled in carrying out negotiations, sometimes winning affair recovery without necessarily going through litigation.
Therefore, your lawyer can negotiate on your behalf to ensure that any settlement adequately compensates for your damages.
As said earlier, some cases of nursing home abuse can be emotionally taxing. You need to choose a compassionate lawyer who understands your unique situation and can fit in your shoes.
Such an attorney will offer you emotional support and reassurance throughout the process. And since they understand the sensitive nature of these cases, they will approach your case with the care and attention it deserves.
Determining responsibility in cases of nursing home abuse requires understanding the various parties who may be responsible. These can include:
To prove liability, you need to gather substantial evidence, including medical documents, witness statements, and documentation of the abuse. A NJ nursing home abuse attorney can help build a strong case by identifying all potentially liable parties and thoroughly examining all legal aspects.
Many nursing homes require residents or their families to sign arbitration agreements, which can complicate legal actions in cases of abuse. Arbitration agreements typically prevent parties from taking disputes to court, opting instead for private arbitration.
However, arbitration often fails to serve the resident’s best interests in case there is abuse. While these agreements are binding, they are not insurmountable. An attorney can help you handle the shortcoming of the arbitration agreement and explore potential legal avenues for seeking justice.
Therefore, even if you end up signing an arbitration, some of the tight restrictions might not hold up. For instance, if the arbitration agreement tries to override state or federal law or if it removes remedies that state law provides, it can be annulled.
If you have an elder admitted to a nursing home, it is recommended to keep watch of the signs of abuse along with any injuries they might have suffered. If you have any reason to suspect, don’t hesitate to take quick steps. We understand that handling such cases may be challenging, and we can help you handle your case from reporting to relevant authorities to filing a claim for compensation. Your New Jersey nursing home abuse lawyer will employ a client-centered approach, so our strategies will ensure that your interests and rights guide our decisions. Contact us today to schedule a free case evaluation.
It is hard to pinpoint a single figure for your claims within New Jersey. This is because the value of a New Jersey nursing home negligence case depends on several factors unique to the case. These include the following:
When determining the case worth, your attorney will help determine both the economic damages, i.e., the measurable financial losses, and non-economic damages.
Sometimes, if the abuser’s actions were determined to be gross misconduct, the court may award punitive damages, further adding to the overall worth of your claim. Your lawyer can help assess the claim, determine if it may qualify for punitive damages, and provide a more precise estimate based on the unique details of your case.
As per the Centers for Disease Control and Prevention (CDC), there are several factors that increase the risk of nursing home abuse, including:
Awareness of these risk factors can help families make better-informed decisions when choosing a nursing home for their loved ones.
It’s possible to initiate legal action against a nursing home for abuse or neglect if you have evidence that the facility failed to provide adequate care, leading to harm or injury.
To file a lawsuit, you must have in place medical records, witness statements, and any documentation of the abuse or neglect. Your attorney will hold your hand through the legal maze and help build a winning case.
When pursuing compensation in a nursing home abuse or neglect lawsuit, you will be seeking damages that will sufficiently address the impact of the abuse on the resident. These may include:
Every case is distinct, and specific forms of compensation depend entirely on the circumstances surrounding the abuse or neglect.
In New Jersey, you have two years to file a nursing home abuse or neglect lawsuit from the date of injury or when you discovered the injury (N.J. Stat. § 2A:14-2(a) (2024)). While failing to meet this timeline may lead to losing the ability to pursue legal recovery, certain exceptions may apply. This means unique considerations may warrant the tolling of the statute of limitations. It is recommended to engage an attorney as soon as possible to ensure your claim is filed within the appropriate time frame.
You are legally entitled to file a lawsuit following the death of your loved one due to nursing home abuse or neglect. This is known as a wrongful death lawsuit, and it can seek compensation for loss of companionship, funeral expenses, and other related damages.
The personal representative, tasked with managing the deceased’s estate usually files the lawsuit. However, it is important to remember that you have only two years from the death to file a wrongful death lawsuit (N.J. Stat. § 2A:31-3 (2024)).
The choice of a New Jersey nursing home abuse lawyer can determine the outcome of your case. Here are the are the key factors to consider:
Since selecting the right lawyer can significantly impact the outcome of your case, you need to take the time to research thoroughly.
To eradicate the cases of abuse and neglect in nursing homes, you may consider the following steps:
Also, you must beware of the environment within the facility and ask yourself these questions:
The more thorough your investigation and the more questions you ask, the better your evaluation of the facility will be.
The duration of a nursing home abuse case depends on a mix of variables. The lawyers at Varcadipane & Pinnisi, P.C. have settled different cases on different timelines. Generally, when a case is filed, it will be resolved within two years. However, based on factors influencing the case, it may settle in a few months to over a year.
If the case settles outside the court, it may take a few months to settle, and parties can decide to resolve it at any point. Your New Jersey nursing home abuse lawyer will determine if this approach depends on the valuable settlement offer. If he thinks the settlement is inadequate, he will take it to trial. The timeline may largely depend on the court’s schedule. On average, litigating cases can take weeks to months to resolve. The best way is to maintain regular communication with your attorney to understand the progress of your case.
Most nursing home abuse attorneys in New Jersey work on a contingency fee basis. Therefore, you won’t have to pay until they win the case. The typical contingency fee in New Jersey ranges from 25% to 40% of the awarded compensation. There may also be additional costs for court fees, expert witnesses, and other litigation expenses.
Ensure you discuss the fee structure with your lawyer upfront to understand any potential out-of-pocket costs. Make use of this opportunity to ask any questions about the potential fees to avoid unnecessary surprises down the line.
No, not all elder care situations fall under the same legal regulations. Various types of elder care facilities have different regulatory standards and oversight. These may include the following:
You can file a negligence lawsuit against all types of elder care facilities. You can also sue these facilities for assaulting an elderly resident or for breach of contract. However, each type of elder care arrangement is subject to different licensing requirements and may be governed by various local or state laws. For instance, sometimes, a nursing home administrator might be classified as a healthcare practitioner, which means you could have grounds to sue for medical malpractice.
Visitors to a nursing home can indeed sue for injuries inflicted by caregivers or other nursing home staff under the employer liability doctrine.
Additionally, they can file a civil claim under the law of premises liability if they slip and fall and sustain injuries due to the facility’s unsafe conditions. The injured party would likely proceed with a negligence claim against both the nursing home and its landlord, arguing that their injury was caused by negligent maintenance of the premises.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.
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