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 NJ 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 nursing home 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 home are much less known, and 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 the nursing home is in? In fact, nursing homes must follow both federal and state laws. A nursing home injury lawyer in NJ has the answer 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, a NJ nursing home injury lawyer 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. 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, you have the 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.