Compassionate Nursing Home Abuse Attorney in Clifton, New Jersey
No one ever anticipates that a loved one or acquaintance would be the victim of abuse or neglect at a nursing home. However, abuse and neglect occur daily and in a variety of ways. Families and friends of nursing home residents rely on the facility to guarantee that their loved one receives the care and respect to which they are entitled. Unfortunately, this is not always the case in nursing homes and other care facilities.
Negligence in nursing homes involves neglecting to safeguard residents from health and safety dangers. Negligence can result in injuries such as broken bones, bedsores or pressure ulcers, dehydration, starvation, and other medical issues that can be fatal. Our compassionate nursing home abuse attorney in Clifton, NJ, will fight for your and your loved one’s rightful compensation. With our knowledge of nursing home negligence cases, we evaluate each case comprehensively.
To get compensation for injuries, medical expenditures, and pain and suffering, we prepare each case for either settlement or trial. We at Jaloudi Law assist victims and their families in bringing these institutions to account.
Why Do You Need a Nursing Home Abuse Attorney in New Jersey?
Nursing home abuse can take many forms, from physical and emotional abuse, financial exploitation, and more. Sadly, it is all too common for nursing home residents to be abused by the people who are supposed to care for them. If you suspect that your loved one is being abused in a nursing home, it is vital to seek legal help right away.
Our skilled Clifton nursing home abuse attorney can help you get the evidence you need to prove that abuse has occurred and can help you file a lawsuit against the abuser or the nursing home itself. Here are just a few of the reasons why you need our legal services:
- Nursing homes are often reluctant to admit that abuse has occurred. They may try to cover up the abuse or blame your loved one for causing it themselves. We know how to get around these roadblocks and get to the bottom of what happened.
- Nursing homes are often defended by large law firms with deep pockets. Your average person would have little chance of taking on such an opponent in court on their own. Our experienced nursing home abuse attorney in Clifton, NJ, has the knowledge and resources necessary to stand up to these firms and win justice for your loved one.
- The damages in a nursing home abuse case can be significant. In addition to physical and emotional injuries, your loved one may be entitled to punitive damages. We will fight for the maximum possible compensation in your case.
- Nursing home abuse cases are often complex and require a lot of work from the attorney. These cases can take months or even years to resolve. You need our Clifton nursing home abuse attorney willing to devote the time and resources necessary to see your case through to the end.
- Your loved one deserves justice. No one deserves to be abused, especially not someone who is already vulnerable due to age or illness. We will fight for your loved one’s rights and ensure that the abuser is held accountable for their actions.
If you suspect that your loved one is being abused in a nursing home, don’t hesitate to seek legal help. We at Jaloudi Law can make all the difference in getting justice for your loved one.
What is Nursing Home Abuse?
Abuse in nursing homes can take several forms. It might be physical, psychological, monetary, or sexual. All of these indicate that a bad actor is inflicting harm, but it is vital to recognize that neglect is one of the most prevalent physical and mental abuse. If a facility fails to give care, it does the same harm as someone who provides improper care or intentionally causes injury.
What Are the Rights of Nursing Home Residents in New Jersey?
The companies that run nursing facilities in New Jersey must take measures to safeguard resident rights. Among the resident, rights are the rights to:
- To be free of physical and psychological abuse and neglect
- To reside in a secure, decent, and clean environment
- To stay in a facility that does not accept more people than it can safely house while providing enough nursing care
- To obtain adequate pain diagnosis, management, and therapy
- To be treated with respect for their dignity and individuality
- To get a written copy of all resident rights
- To exercise all constitutional, civil, and legal rights to which they are legally entitled
What Are the Most Common Types of Nursing Home Abuse?
The most common forms of abuse in nursing facilities include:
Neglect
When the staff of a nursing home fails to fulfill their obligation to care for patients, this is considered neglect. This involves neglecting the requirements of patients, prescribing the incorrect treatments and prescriptions, and dismissing obvious health concerns. Neglect in nursing homes may have detrimental consequences, including wrongful deaths. Indicators of neglect include:
- Dehydration
- Poor hygiene
- Malnourishment
- Anxiety
Emotional Abuse
Unfortunately, some nursing homes also have a problem with emotional abuse. Patients who experience emotional abuse complain about their substandard care and have fear-based behaviors. Contact us at Jaloudi Law to bring a lawsuit against the nursing home if your loved one has suffered emotional abuse. Emotional abuse consists of the following:
- Embarrassment
- Verbal threats
- Insults
- Isolation
Physical Abuse
While neglect and emotional abuse have devastating psychological consequences on the elderly, physical abuse threatens their lives. Typical indicators of physical abuse include:
- Broken bones
- Bruises
- Cuts or scrapes
Sexual Abuse
Sexual abuse is the deliberate act of sexually assaulting a resident. This can encompass everything from inappropriate touches to sexual coercion. This sort of abuse can cause mental and emotional harm in addition to physical anguish. In many instances, sexual abuse occurs against a patient incapable of providing permission.
Financial Abuse
Financial exploitation is a widespread kind of non-physical abuse against older individuals. If you are concerned that a caregiver is exploiting your loved one financially by abusing their position, call our competent nursing home abuse attorney in Clifton, NJ. Financial exploitation includes:
- Confiscating money or belongings
- Faking of signatures
- Abusing banking account access
- Usage of checks and credit cards without authorization
- Stealing the identity of a patient
What Are the Common Warning Signs
Some of the following are warning signs that a family member or loved one may have been abused or neglected at a nursing home or assisted living facility:
- Bruises, scrapes, fractures, and other wounds
- Unexplained weight reduction
- Alterations in behavior, such as anxiety, depression, or outbursts of rage
- Sluggishness or inexplicable weariness (could be a sign of emotional abuse)
- Silence or signs of unease in the presence of personnel or residents
- Untidy surroundings and unaltered or filthy bedding and clothing
- Poor personal hygiene of a nursing home patient
- Rotten or spoiled food
Immediately contact our skilled Clifton nursing home abuse attorney if you observe any possible indicators of elder abuse among nursing home patients. We can assist you in submitting a report and gathering evidence to boost your compensation claim.
How Can I Report a Nursing Home Abuse in New Jersey?
Abuse and neglect must be reported without delay. If you suspect that abuse has occurred, notify your local authorities. You may need to alert a local elder care agency, the patient’s primary care physician, or 911 if the abuse is life-threatening. Suspected abuse can also be reported to the Long-Term Care Ombudsman of New Jersey, who is charged with protecting, conserving, and promoting the health, safety, and welfare of the older population of New Jersey.
Hiring our seasoned Clifton nursing home abuse attorney can assist you in getting to the bottom of things and determining what is going on promptly so that you can take the proper action. This crucial action conveys that you are serious and will not be simply placated by empty promises. As an added benefit, we may offer you updates as the case advances, so you won’t have to wait forever to learn more about what may have happened to your loved one.
If abuse has occurred in a nursing home, our qualified nursing home abuse attorney in Clifton will help you identify the best course of action to get proper compensation. Do not hesitate to call our law office to defend your loved one’s rights.
When is a Nursing Home Held Responsible for the Abuse of the Elderly?
Careless Hiring
Nursing facilities owe it to their residents to recruit people who are appropriately qualified, have the required academic degrees for the role for which they are hired, and have no history of violence or abuse. When a nursing facility employs personnel without doing background checks, the residents are placed in jeopardy. In the event of abuse, the nursing home can be held accountable.
Staff Shortages
According to a study from the Centers for Disease Control (CDC), the average ratio of employees to residents is one staff member for every 1.64 patients. When a nursing home fails to hire a sufficient number of employees, residents may be neglected due to a lack of caretakers.
Insufficient Training
In certain instances, nursing home staff are not adequately trained to handle patients who are handicapped or disobedient, and they do not offer the degree of care needed by law and anticipated by families. When insufficient staff training leads to a patient’s harm, nursing homes might be held liable.
Third-Party Liability Claim
Nursing homes are liable for any abuse perpetrated by third parties within the facility. This is because they have a responsibility to ensure the safety of the citizens. For example, if a resident is hurt by another resident or the visitor of another patient, the nursing home may be held accountable if it fails to provide sufficient security to avoid such an incident.
Violation of Statutory or Regulatory Rights
Residents in nursing homes have the right to autonomy, dignity, and privacy. If one of its staff breaches these fundamental rights, the nursing home can be held accountable.
Medication Errors
Medication is an integral aspect of aging, and nursing home patients might suffer if they are not given the correct amount at the proper time. If a resident is hurt due to a mistake with prescription medicine, the physician, drugstore, or pharmacist may be held liable.
Should You Take Legal Action for Nursing Home Abuse?
If you suspect elder abuse at a nursing home, you may immediately consider how to hold the facility and its personnel accountable. When you discover that a loved one has been abused, we appreciate it may be a frustrating experience. Filing a compensation claim is the initial step in holding an institution responsible. You will obtain justice for your loved one and push the care home to hold its employees and administration to a higher level.
What Are the Important Elements of a Successful Nursing Home Abuse Lawsuit?
People also die at nursing homes. Occasionally, death is anticipated. At other times, a death may be deemed wrongful. The definition of wrongful death is a death caused by the carelessness of someone with a duty to protect. In other words, for liability to attach in all situations of negligence and wrongful death, each of the following elements must be present:
- Duty of care
- Violation of that duty
- Causation
- Damages
In a nursing home, the health care professionals have both statutory and “common law” duties. In short, healthcare practitioners owe all of their patients the responsibility to guarantee patient safety and comfort. If that duty is violated and a patient is injured as a result, the affected patient is entitled to compensation for the losses caused by the caregiver’s negligence.
What Damages Are Available?
In most situations of nursing home abuse, the primary purpose is to stop the abuse and prevent it from happening to others; nonetheless, monetary compensation is frequently possible. If your loved one suffers physical, emotional, financial, or sexual abuse, the nursing home may be obligated to provide compensation for the following:
- Healthcare, hospital, and rehabilitation expenses
- Physical pain
- Psychological suffering
- Permanent impairment
- Financial losses such as stolen money, lost salary, or lost potential earnings
If the abuse was highly harsh – for instance, if it involved deliberate or criminal behavior, or if it resulted in severe disability or death – Jaloudi Law will also aggressively pursue punitive damages. Punitive damages are paid both to punish the offender for outrageous behavior and to dissuade others from engaging in a similarly irresponsible activity.
How to File a Lawsuit Against a Negligent New Jersey Nursing Home for Wrongful Death?
Infected bed sores, falls, medical mistakes, and other avoidable consequences of inadequate elder care can tragically result in death. In many instances, the deceased endured persistent, severe agony and distress before passing away. No patient at a medical facility should ever perish due to an avoidable physical injury or medical negligence. When negligence is implicated, surviving family members may pursue legal action, including filing a civil action lawsuit against the facility responsible for the death of their loved one.
We at Jaloudi Law are devoted to assisting you in seeking justice for victims of abuse and neglect in New Jersey assisted living homes and senior care institutions. Contact us immediately to discuss your case with our knowledgeable nursing home abuse attorney in Clifton, NJ.
What Are the Statutes of Limitations for Nursing Home Abuse Claims in New Jersey?
New Jersey families have a limited amount of time to file a personal injury lawsuit against a nursing home facility on behalf of a family member. The statute of limitations is two years from the day the cause of action was found or the date of death, whichever is later.
What to Do If You Believe the Civil Lawsuit Deadline Has Passed?
If you miss the deadline, the care facility is likely to file a motion to dismiss your complaint. The judge will likely agree and grant the motion, preventing you from pursuing a claim. However, there may still be a chance to file, even if the deadline has passed. If you feel that you missed the statute of limitations, you can consider bringing a claim with our skilled Clifton nursing home abuse attorney. Certain events and conditions let you continue. We can assist you in determining if you can still file.
Our Dedicated Nursing Home Abuse Attorney is Always Ready to Help
No one anticipates placing a loved one in a nursing facility, but that doesn’t mean you shouldn’t be prepared. Before making a decision, as the responsible party, you must analyze the advantages and drawbacks and ask yourself tough questions. The elderly do receive round-the-clock nursing care in nursing homes, but abuse is common in these facilities across the nation.
At Jaloudi Law, we are dedicated to assisting you and your loved ones in understanding your legal rights concerning nursing home abuse. If required, we will hold accountable anyone responsible for any injuries incurred. If you feel that a loved one in a nursing home is being abused, injured, or neglected, call our dedicated nursing home abuse attorney in Clifton to explore your case.
