If a loved one suffered abuse while living in a nursing home, you can file a personal injury claim to hold the negligent staff member or facility accountable for the mistreatment and recover compensation. A Hoboken nursing home abuse lawyer may be able to help you take legal action.
When an elderly or disabled person can no longer care for themselves and keep themselves safe, they may need to move into a nursing home or other long-term care facility. Nursing home staff have a moral responsibility and a legal obligation to provide residents with adequate medical care and daily assistance. Sadly, some disregard this important responsibility and even intentionally abuse residents.
Your family may be eligible to recover damages for this abuse on behalf of your loved one. Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 and schedule a free case review to learn more. We take on nursing home abuse cases based on a contingency fee, so you do not owe anything unless we are able to recover compensation for you.
Nursing Home Resident Rights
New Jersey Statutes Annotated (NJSA) §30:13-5 describes the rights that nursing home residents have by law. This includes, but is not limited to, the right to:
- Manage their own finances, unless the nursing home has been given written authorization by the resident or the resident’s guardian to manage these finances on the resident’s behalf.
- Wear their own clothing and retain their personal property.
- Communicate with people outside of the facility via telephone calls, mail correspondence, and in-person visits.
- Enjoy a reasonable degree of privacy.
- Retain their own physician.
- Submit complaints to the nursing home administrator or state government agencies without retaliation.
- Live in a safe environment.
- Be treated with respectful care and dignity.
Nursing Home Responsibilities
New Jersey law NJSA §30:13-3 also describes the duties nursing homes must perform. Nursing homes must:
- Maintain accurate records of resident property.
- Provide for residents’ spiritual and religious needs.
- Admit only as many residents as the facility can safely and adequately care for.
- Ensure that residents do not experience discrimination.
- Ensure that residents do not undergo unnecessary physical or chemical restraints.
- Comply with all relevant federal and state laws.
If a nursing home fails to uphold the duties expected of the facility, the facility may be liable for any harm that comes to a nursing home resident as a result.
Verdicts and Settlements
To a nursing home resident who developed a Stage IV ulcer requiring surgery where the nursing home alleged the resident was non-compliant with recommendations to reduce pressure from excessive wheelchair use.
Nursing Home Abuse and Mistreatment
Nursing homes that mistreat the vulnerable residents in their care may be guilty of nursing home abuse. Sadly, substandard care and intentional abuse are not uncommon in nursing homes across the country. As a result, many innocent residents have suffered serious injuries or even death.
Restraining a Resident Unnecessarily May Fall Under Nursing Home Abuse
New Jersey law specifically states that residents cannot be subjected to physical restraints except under certain circumstances. A staff member may only confine a resident with belts, ties, or other restraints if:
- A physician orders these restraints.
- The restraints are only in place for a specific period of time.
- The purpose is to prevent the resident from injuring themselves or others.
Use of restraints—including chemical restraints, such as sedatives and other medication—should never be for the punishment of a resident or for the nursing home staff’s convenience.
Intentional Abuse of Nursing Home Residents
Tragically, some nursing home staff intentionally cause physical and mental injury to residents. Nursing home abuse may include the following:
- Hitting, kicking, pinching, or otherwise physically abusing a resident
- Mentally or psychologically abusing a resident by intentionally frightening, embarrassing, or upsetting them
- Forcing or coercing the resident to engage in sexual acts
- Financially exploiting the resident or stealing their property
If your loved one was the victim of physical, mental, sexual, or financial abuse while in a nursing home, a Hoboken nursing home abuse lawyer may be able to help you hold the facility accountable for the reprehensible behavior. You may be entitled to compensation for your loved one’s additional medical expenses and pain and suffering. Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 and schedule a free, no-obligation consultation.
Nursing Home Neglect
Understaffing and inadequate staff training is a serious issue in many nursing homes. When there are not enough staff members to adequately provide for residents’ needs, the results can be catastrophic. Nursing home neglect may result in bedsores, infections, wandering and elopement, fall injuries, malnutrition, dehydration, and even death.
How a Hoboken Nursing Home Abuse Lawyer Can Help You
At Maggiano, DiGirolamo & Lizzi P.C., we understand how devastating it can be to learn that a loved one has suffered mistreatment or abuse in a nursing home. Our Hoboken nursing home abuse lawyers aim to hold negligent nursing homes responsible for their employee’s actions. To win your nursing home abuse claim and recover compensation, we will need to prove the following:
- The nursing home owed a duty of care to your loved one
- There was a breach in this duty of care
- The resident suffered harm as a result
- You or your loved one sustained damages as a result of the injury or death
We use various strategies to demonstrate a nursing home staff’s negligence. We can gather evidence such as medical records, staff hiring documents, staff work schedules, and witness testimony to support your claim. We can also work with medical experts and other professionals to demonstrate the damages you and your loved one have suffered.
Call a Hoboken Nursing Home Abuse Lawyer Today
If you or your loved one became the victim of nursing home abuse, contact a Hoboken nursing home abuse lawyer from Maggiano, DiGirolamo & Lizzi P.C. We may be able to help you recover financial compensation and bring the nursing home to justice.
Call us at (201) 585-9111 and schedule a free case review to learn more. We take cases on a contingency-fee-basis, which means that you pay nothing unless we are able to successfully recover compensation.