When you find out your elderly loved one is being neglected in a nursing home, you might feel confused, angry, and concerned about the next steps you should take. A NJ nursing home injury lawyer from Davis & Brusca, LLC, understands the feelings you might be experiencing and can help you to learn about your legal options. Please call our office to schedule a complimentary case review.
Meet Davis & Brusca, LLC
For decades, our nursing home injury lawyers have been helping the victims of neglect secure monetary compensation for their financial losses, physical pain, and more. Our firm is knowledgeable and zealous by nature. We don’t get intimidated by threats and demands made by the legal teams of large assisted care companies and we don’t back down. As a nursing home injury lawyer trusted by New Jersey residents, please know that we find any elder neglect or abuse absolutely appalling and will fight tooth and nail to ensure this kind of action or behavior stops right now.
Benefits to Choosing Us to Represent You
If you believe neglect is taking place, now is the time to talk with a nursing home injury lawyer in NJ.
I Signed An Arbitration Agreement, Now What?
Today it is very common for a nursing home to mandate any resident’s to sign an arbitration agreement prior to moving into the facility. While no two arbitration agreements are the same, they often say that when, and if, a dispute occurs the resident agrees to not take any civil action and instead will settle the dispute in arbitration. This would likely include any dispute related to abuse or neglect. Often, when an elderly person reads this, they think it benefits them; therefore is a good idea to sign. However, our NJ nursing home injury lawyers have known of agreements that include loopholes and other misleading information that actually protects the facility and not the elder.
If you signed an arbitration agreement, as the elder or as a family member on behalf of the elder, you can ask a NJ nursing home injury lawyer to review the agreement. It may be possible to proceed with legal action, but this will depend on the circumstances unique to your case.
Signs that Indicate Nursing Home Abuse or Neglect
If you notice any of the following signs, your loved one may be in a situation that could be harmful.
It is likely that at least one of these signs will be noticeable; however, some might not be. Regardless of what you may, and may not know, the best decision you could make is to consult a NJ nursing home injury lawyer from Davis & Brusca, LLC, as soon as possible.
Some Nursing Home Law Basics
Most people know that nursing homes are around to provide elderly people with a place to live, but the laws surrounding nursing homes are much less known. Even if you have a loved one currently residing in a nursing home, you still may be unsure of what kind of laws regulate these facilities.
Are they governed by federal laws? Is it completely up to the state of New Jersey? In fact, nursing homes must follow both federal and state laws. A nursing home injury lawyer in NJ has the answers to all of your questions.
Below, you will find more information regarding the types of laws that a nursing home must follow and the different standards that the government and state require them to meet.
If you have any questions regarding a loved one currently residing in a nursing home or would like to speak with an attorney about making a claim, one of the compassionate New Jersey nursing home injury lawyers at Davis & Brusca can help you. Please reach out to us now.
The Nursing Home Reform Law
The Nursing Home Reform Law specifically applies to nursing homes that receive Medicare or Medicaid, which most nursing homes do. The NHRL has certain requirements and standards that nursing homes must follow including:
If you believe your loved one was injured because of substandard conditions in their nursing home, NJ nursing home injury lawyers could be of assistance.
While these are not all the requirements that the NHRL outlines, a nursing home must legally comply with these and they are subject to routine, unannounced inspections. If an inspector finds that a nursing home is not complying with these laws, the inspector could penalize the nursing home. A NJ nursing home injury lawyer will tell you that penalties can come in the form of:
What Are the Resident’s Rights?
The NHRL also outlines the different rights that residents in a nursing home have. Residents have the right to respect, to go through their lives without abuse and neglect, to privacy, to voice their opinions without fear, and participate in various group activities. If you believe that your loved one’s rights have been ignored, a nursing home injury lawyer in NJ can help bring them justice.
What About State Laws?
Nursing homes also abide by state laws. These laws do not go against the federal laws in place but compliment them. For example, some states will determine the appropriate ratio of nurses on a shift depending on how many residents there currently are. Other states allow the residents to decide who their physicians are, or allow residents to have different medical or dietary care based on their religion.
What If I Think a Nursing Home Violated My Loved One’s Rights?
If your loved one is currently in a nursing home and you believe that the facility has in some way violated their federal or state rights, our NJ nursing home injury lawyer can help you exercise your right and authority to speak up on their behalf. Things are complicated when a family member makes a claim on behalf of a nursing home resident, but speaking with an attorney can be incredibly helpful if you decide to make a claim. For more information on nursing home laws and making a claim in New Jersey with a NJ nursing home injury lawyer please reach out to Davis & Brusca now for a consultation.
Reasons for Nursing Home Injuries
When you place your loved one into a nursing home, you are expecting them to receive the care that they deserve. Chances are, the decision to place your loved one into a nursing home was not an easy one to come to. While there are a number of reasons you have had to make this decision and our NJ nursing home injury lawyers know that it can leave people feeling incredibly guilt-ridden. Often knowing that your loved one is in a nursing home facility that is properly caring for them can provide you with the peace of mind you need. However, should your loved one experience nursing home neglect and/or a serious injury you may be wondering the reasons something like this may have occurred. NJ nursing home injury lawyers at Davis & Brusca, LLC, have seen nursing home abuse occur for a number of key reasons:
Reason #1: Low-Quality Nursing Home
Nursing home care can be incredibly costly. Because of this, people looking for this form of care will be looking for an affordable and exceptional option. However, when choosing a nursing home, it’s important that you conduct careful research. While some may provide good care to residents, residents with more significant needs may be more likely to suffer abuse. Your best bet is to check to see if prospective nursing homes have any violations prior to making a decision. If your loved one has succumbed to injuries as a result of poor care, contact our trusted NJ nursing home injury lawyer.
Reason #2: Understaffed and Overworked
Even the best of facilities experience staffing issues. As a result, facilities stand to be understaffed. Because nursing homes require around the clock staffing, there may be a number of staff who are working long hours. Overworked staff can lead to stress and burnout, which could result in negligence in nursing home facilities. Unfortunately, our NJ nursing home injury lawyers have seen a number of cases that have resulted from frustrated and overworked staff.
Reason #3: Lack of Training
It’s vital that staff are properly trained in accordance with the policies and procedures of the nursing home. This is essential to ensure that all residents receive the care that they deserve. Poorly trained staff can result in disastrous outcomes that could have an impact on the safety of nursing home residents.
No matter the reason, it will be important that you take action with a NJ nursing home injury lawyer in the wake of an accident that in an injury. We can help to prove that the nursing home was at fault for the abuse your loved one experienced. Call us today for the help you need!
Knowing that your loved one has succumbed to nursing home abuse can be incredibly upsetting. The last thing you wanted was for someone you care for to experience physical injuries and emotional suffering as a result being poorly taken care of. Our NJ nursing home injury lawyers at Davis & Brusca, LLC can provide you with services that:
Our nursing home injury lawyers based in New Jersey, can guide you through what can be an emotional and complicated process. Davis & Brusca, LLC are dedicated and experienced lawyers who are ready to help you strategize your case. Call our New Jersey nursing home injury lawyer today to learn more about how can help you.