An Experienced NJ Nursing Home Neglect Lawyer Can Make All the Difference
Have you recently discovered that your elderly loved one has been abused or neglected by staff of a nursing home facility? If so, you are likely overwhelmed by emotion and unsure about what you can do. As a nursing home neglect lawyer in NJ, Davis & Brusca, LLC would advise that ensuring your loved one is safe should be your first action. If you believe their life is at risk, your focus should be on getting them out of the situation causing them harm. The steps required will vary from case to case, but speaking with their doctor and, as warranted, the police, are likely necessary first steps. After addressing their safety, you should call a New Jersey nursing home neglect lawyer, like Davis & Brusca, who can guide you through further steps.
The New Jersey nursing home neglect lawyers at Davis & Brusca are experienced, knowledgeable, and kind. When you choose us to represent you, you can rest assured that you’ve hired a passionate advocate who will do what is necessary to protect the rights and interests of your elderly loved one. Our lawyers have a deep understanding of the complex federal and state laws governing nursing homes, and know how to uncover and expose neglect and abuse. Don’t delay. Time is frequently of the essence in these matters. Call Davis & Brusca, LLC, the nursing home neglect lawyer NJ trusts, today.
The lawyers at Davis & Brusca concentrate their practice on nursing home abuse and neglect cases. Our top nursing home neglect lawyers focus on representing residents of skilled nursing facilities and their families throughout the state of New Jersey, and our lawyers are frequently called in to consult by other lawyers. We regularly sue facilities which place profits over people and cause harm to the elderly, generally by filing claims for wrongful death or personal injury. Our goal is not only to seek justice for our clients, but also to bring about change by holding these negligent and unscrupulous nursing homes accountable for their wrongdoing.
The lawyers at Davis & Brusca are deeply passionate about helping seniors. We believe that protecting our elders should be a first priority. If you have reason to believe that your loved one is being mistreated, it’s critical that you take action immediately. Even if circumstances make it impossible to remove your loved one from the facility, there may be other actions that can be taken to address the issues which are placing them at risk. Every case is unique, so it’s important to turn to a seasoned legal professional who can examine the facts and make specific recommendations for your particular circumstances. Your legal options can be addressed in detail during a consultation with a top NJ nursing home neglect lawyer from Davis & Brusca, LLC. Call us today for a free, no obligation consultation.
Common Dangers in Nursing Homes
There are nursing homes which take pride in delivering quality care to their residents. Sadly, the majority of these facilities are extremely expensive and reserve most of their beds for “private pay” patients. Even worse, many long-term care facilities are short-staffed and their over-stressed, over-worked and under-paid staff member frequently are not motivated or able to deliver compassionate care.
In this setting, there are a number of ways in which residents can be mistreated. Physical harm toward elders, such as beatings, certainly occur, but most harm arises in less overt ways. A nursing home can also cause serious harm to residents through neglect. Dropping a resident or transferring them from the bed to a wheelchair in a rough manner can cause serious injuries, such as broken bones, which can prove fatal to the elderly. Seniors are particularly vulnerable to devastating neglect because they often have no voice to speak out against mistreatment. It may be because they have difficulty verbally communicating, or they have been threatened into silence, or they do not wish to worry their family. Emotional neglect is also a serious matter and, in fact, can be just as devastating to a resident as a physical beating.
Here are some examples of this that our nursing home neglect lawyers in NJ are very familiar with:
To discuss your loved one’s case with an experienced nursing home neglect lawyer, contact our NJ office to request a free consultation. Davis & Brusca, LLC. We are here for you.
Get Professional Help & Taking Action Against Nursing Home Abuse
Elderly residents of nursing home facilities have rights that are guaranteed them by NJ State and federal laws. The “residents rights act” in NJ requires nursing homes to protect and promote the rights of each resident and gives residents the right to pursue legal action if their rights are violated. A similar federal law, known as FNRA, offers some similar protections. These important laws also recognize & stress the importance of self-determination and individual dignity. New Jersey is a leader in this area, but many other states also have individual laws and regulations that establish and protect the rights of nursing home residents.
There are also a number of federal and state regulatory laws which help to establish minimum standards that nursing homes are required to follow. When these regulations are violated, or when the facility’s internal policies & procedures are violated, serious injury, life-threatening issues can arise and fatalities can occur. A knowledgeable and experienced NJ nursing home neglect lawyer, like Davis & Brusca, LLC, can help residents of nursing homes and assisted living facilities who have been harmed by neglect or abuse. And by holding facilities accountable, the rights of others can also be protected.
About Nursing Home Abuse and Neglect
Even with well-established laws in place, residents of nursing homes still commonly suffer abuse and neglect. Indeed, nursing home abuse and neglect is a troubling problem throughout New Jersey and the United States. While we would hope that neither we nor our loved ones are exposed to this form of neglect or abuse, it is more common than we would like to admit. In part, this is because this form of negligence is often hidden, because many of the affected residents simply can’t fight back, lack the cognitive capacity to speak for themselves, or may have other limitations on their ability to communicate.
The NJ nursing home neglect lawyers at Davis & Brusca know that abuse by nursing home careers, nurses, administrators, hospitality staff, and other residents can take many different forms. Individuals and families should be aware of all types of nursing home abuse and neglect, and alert the authorities if they observe or suspect them. Some of these issues include:
Physical abuse includes all forms of improper contact or physical invasion resulting in bodily harm. Hitting, pushing, or cutting residents, improper use physical restraints, and other forms of physical abuse can result in traumatic injuries that can have long-term implications.
Any form of inappropriate touching without the nursing home resident’s consent constitutes sexual abuse. Further, cognitive issues, such as dementia, may render a person incapable of legally granting consent. Inappropriate touching can include fondling, kissing, intercourse, and other sexual acts. Sexual “abuse” occurs when contact is made with an elderly resident who has refused to consent, was not able to consent, or who’s consent is invalid due to undue influence, coercion, or duress.
Emotional, Psychological, and Verbal Abuse
Examples of these forms of abuse in nursing homes include threats of physical or sexual violence, ridicule, harassment, intimidation, humiliation, and preventing seniors from spending time with family members or other residents.
Negligent Care, Neglect, and Abandonment
Negligent care in nursing homes is appallingly common, with overworked and understaffed nurses and caregivers making mistakes routinely. These can include administering medications incorrectly, failing to provide sufficient nutrition and hydration, failing to help residents in need of medical attention receive it in a timely manner, or failing to comply with and adhere to residents’ care plans. Neglect and abandonment are among the leading causes of injury in nursing homes. Psychological abuse and abandonment is reportedly a common cause of elopement (unauthorized “leaving” of a facility).
Financial exploitation can include using residents’ credit cards, forging residents’ checks, stealing cash or valuables, and applying undue influence to get elderly residents to modify their wills and estate plans. A NJ nursing home neglect lawyer can also pursue a lawsuit for financial abuse, just as the can for physical, emotional, and sexual abuse.
This form of nursing home abuse can include denying residents access to their medications intentionally, depriving them of food or water, preventing them from using the toilet, and denying access to necessary mobility equipment and other assistive devices.
Indeed, nursing home abuses run the gamut from physical abuse, to neglect, and these victims deserve justice. For more information on how a nursing home neglect lawyer NJ clients recommend can help, contact Davis & Brusca and schedule a consultation to discuss your situation.
What If I Signed an Arbitration Agreement?
Many nursing homes require their residents to agree to and sign an arbitration agreement before the can begin living at the facility. These agreements tend to stipulate that should any dispute arise, including accusations of neglect, the resident agrees to waive their right to pursue a civil action in court and, instead will submit the dispute to private arbitration.
Arbitration is frequently not an option which serves the best interests of the resident. Depending on the particular circumstances of your case, the arbitration agreement may or may not be enforceable. As a specialist in Nursing Home Neglect, the lawyers at Davis & Brusca know that many of these arbitration agreements contain clauses, provisions, and loopholes that are unfavorable to the resident. Even if arbitration is required, some of the more restrictive clauses may be voided; such as when the arbitration agreement attempts to invalidate state or federal law or strike remedies which exist under state law. If you signed an arbitration agreement, and are concerned about your ability to take legal action, you should ask a lawyer to review the agreement and the details of your case. Sometimes, these agreements can be stricken.
Do You Recognize these Signs of Nursing Home Neglect?
At Davis & Brusca, LLP, we have handled a broad range of cases involving neglect and abuse. No two cases are exactly alike, but there are similar signs or symptoms. More often than not, family members have noticed them and grew concerned about the well-being of their loved one. Common signs may include:
When abuse or neglect is an issue, at least one of the above signs will generally exist. Davis & Brusca is proud to be the nursing home neglect lawyer NJ residents can count on to thoroughly review an diligently pursue the rights and interests of their loved one. We thoroughly investigate each case, and gather the evidence needed to build a winning claim. In short, we get to the truth!
To schedule a consultation with a top nursing home neglect lawyer in NJ, call Davis & Brusca, LLC today.