When an elder moves into a nursing home, the elderly patients’ family members expect these long-term care facilities to provide vulnerable patients with a safe, healthy environment and a positive experience. However, many elderly patients have been physically or psychologically harmed due to the negligence or misconduct of nursing home caregivers.
The U.S. Administration on Aging has reported that roughly two million elderly people are abused in the U.S., although only one in five cases have been reported. Thousands of these abused victims suffer at the hands of caregivers, and many of them keep their suffering to themselves. Nursing home abuse may include physical abuse, sexual abuse, emotional abuse, neglect, and financial exploitation.
According to the New Jersey Statutes Annotated (NJSA), each nursing home resident has the right to privacy, to refuse medical care, to manage his or her own dealings, to unrestricted visitation, to proper care, to sanitary and safe living conditions, and to complain about the administration without retaliation from the nursing home.
As listed on the NJSA, nursing homes have legal responsibilities to admit only the number of patients that they can provide good care for, to never use any physical restraints unless permitted by the elder’s primary doctor, to never allow a resident to be given drug as a punishment, to allow legal service providers and groups to communicate with the residents, and to abide by all federal and state laws.
Nursing homes can be held liable if they cause injuries to any resident as a result of their abuse, negligence, criminal statute violations, and violations of regulations regarding their licensing, maintenance, and general operation. In civil actions brought by nursing home residents, owners or employees of nursing homes can be held liable for the damages if they are proven to have exercised negligence in supervision and care, in hiring and retaining employees, in maintenance of their premises, and in the selection or maintenance of equipment.
If your elderly loved one has suffered due to the negligence or inappropriate conduct of a nursing home caregiver or owner, you may call The Grossman Law Firm today at (732) 943-0383 for a free consultation. Our fees are based on a percentage of the recovery from settlement or verdict of your case.