Nothing is more important than our family members and loved ones. When our aging loved ones are in a nursing home facility, we trust they are receiving proper care. Sadly, negligent behavior exists in rehabilitation centers and nursing homes. These facilities should be held responsible for any damage they cause that harms these vulnerable individuals in any way. Our experienced personal injury attorneys will help you recover damages from any abuse caused to you or your loved ones while residing in a nursing home.
Nursing Home Legal Requirements
Residents living in nursing homes are protected by both federal and state regulations. All injuries, accidents, or instances of abuse that occur in the nursing home must be documented and investigated as accorded by federal statutes. In addition to specific record keeping, the facility is required to have a plan of care for each of its residents. The Nursing Home Bill of Rights as outlined by the State of New Jersey protects the rights of such residents. It states that the nursing home must uphold the right to voice complaints without threat, the right to reside in a clean, safe, and decent facility, and the right to remain free of constraint unless otherwise authorized. All premises within the nursing home must be free of any physical hazards. If a nursing home fails to protect these rights, they are legally held accountable.
Types of Nursing Home Abuse
Despite the trust we place in nursing homes to care of our ill or aging loved ones, residents offer suffer injuries such as malnutrition, dehydration, falls, bedsores, psychological abuse, or physical abuse. Abuse in nursing home generally falls in three categories. We want to help you get justice for any form of abuse suffered at a nursing home or rehabilitation facility in New Jersey.
Emotional abuse is considered any action inflicted on an individual by another person that causes psychological harm. In nursing home and rehabilitation facilities, this often comes in the form of verbal abuse, humiliation, or isolation. Often this is an assertion of dominance or control over someone more vulnerable. In some cases emotional abuse comes as a punishment. Sometimes it is used to coerce or scare a person through threats and name calling. The humiliation can cause depression and deep emotional scarring. No matter the cause, any abuse unacceptable and should not be tolerated.
Emotional abuse is often just as harmful as physical abuse. Sadly, nursing home residents often suffer emotional abuse that goes unnoticed or unreported. Because the individuals don’t show any outward physical signs of abuse, it can be difficult to detect. If you think someone you love is experiencing any kind of abuse, emotional or otherwise, contact a knowledgeable attorney today to find out about your legal options.
Few things are more heinous than the idea of someone intentionally abusing someone the elderly and helpless. Unfortunately, such a thing is more common than most of us would like to believe. Even more horrible to imagine is the fact that many nursing home patients don’t report cases of physical abuse. Family members can look for signs of physical abuse in the form of malnutrition through lack of energy or increased weight loss, bed sores from unclean sheets or lack of bathing, or even muscle weakness and broken bones. Often the nursing home attendants are unable to explain the causes of the injuries. This or any type of nursing home abuse should never be tolerated. If you believe a love one has suffered from physical abuse from their nursing home, report this abuse immediately, and then contact a personal injury attorney. By filing a New Jersey physical abuse lawsuit against the nursing home, your family may be eligible for financial compensation.
Sadly, nursing home abuse can come in the form of sexual abuse against elderly residents who are often unable to defend themselves. Sexual abuse describes a forced sexual act and can come in the form of inappropriate touching, sexual harassment, or even rape. In addition to be extremely harmful physically, these acts can have long term emotional and psychological effects on the victim. Like other forms of nursing home abuse, victims often feel afraid in unable to report such abuse and family members should be well aware of any signs of abuse. Any sexual molestation is a very serious crime and should be punished. Any victim of nursing home sexual abuse may be eligible for financial compensation.
Your loved ones should not be afraid for their safety while residing in a nursing home. We want to protect the rights of you and your family and ensure you are properly compensated for any injury or loss. If you suspect someone you know is suffering abuse at the hands of their nursing home, call our New Jersey attorneys at the Law Offices of Herbert I. Ellis, P.C. Contact us by e-mail to schedule an appointment for a free initial consultation or call us toll free at 888-ELLIS-LAW (888-355-4752).