New Jersey Elder AbuseLawyer
Elder Abuse & Neglect
As attorneys in Elder Law practice, Scott Counsel often see situations that may indicate abuse or neglect in some type of care facility. In these situations, it is important that you work with a law firm that has compassion for your situation.
Understanding Nursing Home Regulations in New Jersey
A comprehensive set of state and federal laws govern the operations of New Jersey nursing homes and long-term care facilities. These laws aim to protect the rights of elderly residents and ensure they receive quality care and treatment. Even with these legal safeguards, instances of nursing home abuse and neglect continue to occur, highlighting the importance of facility residents and their loved ones being aware of their rights and legal options.
The New Jersey Department of Health (NJDOH) and various public and private agencies oversee nursing homes throughout the Garden State. These organizations conduct regular audits, investigate complaints, and enforce compliance with regulations to directly address allegations of abuse, neglect, or substandard care from residents or their families.
Alarming Nursing Home Abuse Statistics
Nursing home abuse is an unfortunate reality that occurs more frequently than it should. According to a study published by the National Center for Biotechnology Information, the pooled prevalence rate for elder abuse in nursing homes and long-term care facilities is a staggering 15.70%.
The World Health Organization (WHO) further underscores the severity of this public health issue with the following statistics:
- 2 in 3 staff members in institutional settings like nursing homes have admitted to committing abuse within the past year.
- Approximately 1 in 6 individuals aged 60 years and older experienced some form of abuse in community settings during the previous year.
Elder abuse can lead to severe physical injuries and long-lasting psychological trauma. The prevalence of elder abuse is expected to rise as many countries face rapidly aging populations. These statistics may only scratch the surface, as many cases of nursing home abuse and neglect go unreported. Residents with dementia or cognitive impairments may be unable to communicate incidents of mistreatment, while others may remain silent out of fear of retaliation.
Types of Nursing Home Abuse in New Jersey: Know the Signs
Tragically, many nursing homes in New Jersey and across the nation prioritize profits over the well-being of their residents, resulting in devastating injuries or even wrongful death.
Our dedicated nursing home abuse lawyers represent victims of various forms of negligence and abuse in long-term care facilities throughout the state, including:
Physical Abuse and Neglect
Physical abuse involves the use of force or violence against a resident, causing injury, pain, or impairment. In nursing homes, physical abuse can also manifest as neglect, such as:
- Unexplained bruises, abrasions, or injuries resembling those from ropes or straps
- Untreated bedsores that fail to heal, leading to sepsis or other complications
- Sudden and unexplained weight loss, dehydration, or malnutrition
If you suspect your loved one is being physically abused or neglected in a New Jersey nursing home, it’s crucial to act promptly. Start by discussing your concerns with the facility staff, and if you’re unsatisfied with their response, remove your loved one from the facility and report the abuse to the appropriate authorities.
Emotional and Psychological Abuse
Psychological abuse involves verbal and emotional manipulation, diminishing a resident’s sense of self-worth, dignity, and identity. This can include verbal humiliation, intimidation, and aggression. Signs of emotional abuse may include:
- Avoidance of eye contact
- Apparent fear, distress, or hopelessness
- Sudden changes in eating or sleeping patterns
- Withdrawal or depression
Emotional and psychological abuse can be challenging to identify and often goes unreported in nursing home settings. If you suspect your loved one is experiencing such abuse, prioritize their safety by relocating them to a secure environment and contact the proper authorities.
Sexual Abuse
Sexual abuse involves non-consensual sexual behavior, often targeting residents with dementia or mental illness who may be unable to communicate their lack of consent. Potential signs of sexual abuse include:
- Bruises on the inner thighs or genital area
- Irritation, pain, or bleeding from the anus or genitals
- Torn, stained, or bloody undergarments
- Unexplained pelvic injuries
If you suspect your loved one is a victim of sexual abuse in a New Jersey nursing home, your first priority should be ensuring their safety. Then, contact the appropriate authorities immediately to report the abuse and seek justice.
Financial Exploitation
As more Americans enter retirement age, cases of elder financial exploitation are rising rapidly. Financial abuse involves the illegal or improper use of a resident’s property, funds, or assets. In nursing homes, financial abuse can be perpetrated by facility employees or the facility itself. Warning signs may include:
- Frequent checks written to caregivers or financial professionals
- Sudden, unexplained changes to wills or financial documents
- Unauthorized transfers of assets to another person
- New names added to financial accounts without consent
If you suspect financial abuse is occurring in your loved one’s New Jersey nursing home, inform the authorities and consider filing a complaint with the appropriate agencies to protect their assets and legal rights.
Understanding the Root Causes of Nursing Home Abuse and Neglect in New Jersey
While research on elder abuse and neglect often focuses on the devastating effects on victims, it’s crucial to understand the potential underlying causes to prevent such incidents from occurring. According to the National Institute for Justice, some common reasons for abuse include:
- Abusers use violence as a means to cope with problems in their own lives
- Caregivers feeling underappreciated or unfairly burdened by their responsibilities
- The complex interplay of individual, relationship, community, and societal factors
In the context of nursing homes, additional factors that may contribute to abuse or neglect include:
- Understaffing or poor staffing decisions
- Negligent hiring practices
- Inadequate training for caregivers and staff
Distinguishing Elder Neglect from Abuse
The National Center for Biotechnology Information defines abuse as the willful infliction of injury, unreasonable confinement, intimidation, or punishment resulting in physical harm, pain, or mental anguish. On the other hand, neglect refers to the failure to provide necessary goods and services, leading to physical harm, mental anguish, or illness.
Elder neglect is a form of elder abuse, encompassing scenarios where adequate food, water, hygiene, clothing, shelter, or healthcare is not provided. Neglect can manifest in various forms:
- Abandonment: When a caregiver intentionally leaves an elder alone and unattended.
- Nursing home neglect: When facility staff fails to provide adequate care for residents.
- Self-neglect: When an elder can no longer care for themselves and does not receive the necessary assistance.
Seeking Justice for Nursing Home Abuse and Neglect in New Jersey
If you suspect your loved one is experiencing nursing home abuse or neglect in New Jersey, it’s crucial to seek expert legal representation. Many of our clients pursue nursing home litigation to prevent others from suffering the same indignities and dangers their loved ones endured.
Our dedicated team secures compensatory damages for our clients and frequently obtains punitive damages, attorney fees, and costs from negligent nursing homes. By standing up for the rights of individual victims, we demand that all long-term care facilities in New Jersey treat their residents with the dignity and respect they deserve
At Scott Counsel we are here to help you navigate these unfortunate situations. To get started, call us today for a FREE consultation.
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Our lawyers are investigating potential lawsuits for nursing home residents who suffered from the following types of abuse:
Physical Abuse: Battery, force-feeding, overmedication, excessive physical/chemical restraints.
Emotional Abuse: Verbal insults, isolation, manipulation (like withholding care to force compliance), and threats to stay quiet about the abuse. Signs include withdrawal, mood swings, and depression.
Sexual Abuse: Unwanted sexual contact, taking advantage of incapacitated residents. Perpetrators can be staff, other residents, or visitors.
Financial Abuse: Misusing a resident’s funds/assets for personal benefit, like cashing checks without consent or exploiting power of attorney.
Neglect: Failure to provide proper care like hygiene assistance, food/shelter, medical treatment, safe conditions.
Gathering evidence early is crucial for building a strong nursing home abuse case. The mistreatment of vulnerable residents in care facilities is unacceptable.
It’s important for loved ones to recognize signs of mistreatment in nursing homes, as abuse can sometimes be mistaken for effects of aging or dementia. Different types of abuse have different potential symptoms:
Common signs of physical abuse:
- Bruises or bleeding
- Bedsores
- Physical discomfort
Common signs of emotional abuse:
- Withdrawal/silence around caretakers
- Unusual behavior changes
Common signs of sexual abuse:
- Bruising around genitals
- Unexplained infections
Common signs of financial exploitation:
- Sudden money issues
- Unpaid bills
- Changes to will or power of attorney
Often residents feel too ashamed to report abuse themselves. Families should watch closely for any concerning signs and seek legal help if abuse is suspected. Early vigilance is key to stopping mistreatment.
Nursing homes and their employees can be held responsible for damages if they act negligently. Damages from a nursing home abuse lawsuit can include medical bills, pain and suffering, disfigurement, disability, and in rare cases, punitive damages to punish and deter similar conduct.
Grounds for filing a nursing home abuse claim include:
Negligent hiring: Failing to properly vet employees with background checks, qualifications, etc.
Understaffing: Not having enough staff to properly care for residents, leading to neglect.
Inadequate training: Not properly training staff on caring for residents.
Third-party incidents: Failing to provide adequate security, allowing residents to be harmed by others.
Violating residents’ rights: Infringing on a resident’s autonomy, dignity or privacy.
Medication errors: Giving incorrect medication dosages.
The key points are that nursing homes must properly hire, train and staff their facilities, while also protecting residents’ safety, rights and proper medical care. Failures in these areas can lead to liability.
Abuse & Neglect Blog
- What You need to Know when Reporting Nursing Home Abuse.
- What Puts the Elderly Population at Risk for Abuse?
- What is Funeral Home Negligence?
- What is Elderly Self Neglect?
- What is Elderly Financial Abuse?
- What is Elder Rape?
- What is Elder Emotional Abuse?
- What is a nursing home Bill of Rights?
- What is a Bedsore?
- How Common is Nursing Home Abuse?
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