When our elderly loved ones require more specialized care than we are able to offer, we put our trust in professionals in nursing homes to meet their needs. We trust that these professionals will provide them with compassionate care. Sadly, abuse of nursing home residents is more common than we’d like.
Is your loved one a victim of abuse while living in a nursing home? Then contact us, Rosengard Law Group, today. We’ll provide you with a dedicated Newark NJ injury attorney who will fight for compensation for your loved one’s injuries. Get in touch with us to book a free case review. Find out now if you can pursue a claim against the nursing home.
Common Forms of Newark NJ Nursing Home Abuse
Nursing home abuse can occur in a wide variety of forms. Our Newark nursing home abuse lawyers are experienced in seeking compensation for different forms of abuse including:
This occurs when a nursing home patient is physically harmed by another person while in the nursing home. The person that caused the injury may be another resident or a member of staff.
This may include verbal assaults, ongoing threats, bullying and intimidation by staff members or other residents of the nursing home.
The elderly in nursing homes are easy prey for sexual predators. They may be tricked or forced into unwanted sexual contact. In many cases, those who are abused have cognitive impairments and are therefore unable to report the abuse. Some are afraid or too embarrassed to report abuse to the facility’s management or their family.
This refers to the failure of the caretakers at the nursing home to provide the expected degree of care. This may include a failure to provide appropriate clothing, shelter, food or medical treatment. It also includes a failure to address safety hazards, acknowledge and correct unsanitary conditions as well as to assist the elderly person with personal hygiene.
This may include punishment by unfairly confining the elderly person. Confinement also includes the overuse of physical restraints.
Staff at the nursing home may take advantage of the elderly residents and gain access to their finances through illegal means.
This includes denying the nursing home resident the basics. These basics include food, medical care, and water. Staff at nursing homes may use this as a means of punishment.
Nursing home residents may overuse a prescribed medication in order to keep residents passive and therefore make them easier to manage.
Signs of Newark Nursing Home Neglect
Nursing home abuse is more common than many people would care to admit. However, it often goes unreported. This is because the elderly residents are often unable to report the abuse due to fear or impairment. They may also be ashamed and unwilling to report the injuries. It is therefore important for loved ones to keep a close eye on the elderly.
Our Newark nursing home abuse lawyers will carry out investigations to determine whether your elderly loved one is the victim of abuse. We look out for signs and symptoms of abuse such as:
Physical abuse signs
These include welts, fractures, marks indicating the use of restraints on the ankles or wrists as well as bruises and scars.
Signs of emotional abuse
These include refusing to speak or eat, mumbling, suckling, rocking, abusive behavior, flinching, depression, the resident becoming withdrawn or mimicking the actions of the abuser.
Signs of sexual abuse
These include bruises around the genitals or breasts, bleeding as well as torn, bloody or stained underwear.
Signs of medical abuse
These include a lack of response, grogginess or continual sleeping. We will also check to see if the resident received the medication they were prescribed according to the correct schedule.
Signs of financial exploitation
These include unexplained withdrawal of money from the resident’s bank accounts, missing personal items, depletion of their bank accounts as well as suspicious changes in power of attorney or their will.
Can You Hold the Newark Nursing Home Liable for Nursing Home Abuse
Nursing homes can be held liable for nursing home abuse if it can be shown that their employees acted negligently and this negligence led to injuries or damages. There are various grounds for filing a nursing home abuse claim against a nursing home. Our attorneys will fight to get you compensation for:
Negligence in hiring staff
Nursing homes have an obligation to ensure that they hire personal that is qualified for the job. This includes checking that their hires have the prerequisite training and experience. They should also check for records of violence, abuse, and other criminal activities to protect their residents from the risk of abuse.
Nursing homes should have a minimum ratio of 1 member of staff to every 1.64 residents according to the Center for Disease Control (CDC). If the nursing home is understaffed, the staff will be unable to provide the residents with adequate care.
Not providing adequate training
Nursing homes are required to provide staff with training. This training enables staff to provide adequate care as required by the law and the family.
Errors in medication
This includes not providing the resident with the right dosage of medication as per the correct schedule. In such cases, the doctor or pharmacist may be held liable.
Breach or regulatory or statutory rights
Residents of nursing homes are entitled to privacy, dignity, and autonomy. Nursing homes may be held liable if their employees violate their residents’ fundamental rights.
A nursing home can be held liable for abuse caused by a third party within the premises. The nursing home has a duty to provide its residents with a safe environment. If a resident is injured on the premises by a guest or another resident, the nursing home can be held liable for failing to provide the resident with adequate security.
Contact a Newark Nursing Home Abuse Lawyer
At Rosengard Law Group, we take nursing home abuse seriously. We’ll dedicate our time, skills and resources to protect the rights of your loved one.
We can file a lawsuit against the negligent parties and hold them to account for their actions.
Has your loved one suffered abuse while living at a nursing home? Contact us now for free consultation.