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Can You Sue a Nursing Home for Neglect?

nursing home abuse

The Covid-19 crisis has brought the issue of nursing home neglect to the forefront.  There has even been discussion by the legal community about new standards for the level of care.  The lawsuit becomes a mechanism to protect the vulnerable in society from the abuses of neglect.  Sometimes the threat of litigation is necessary to prevent those whose voices might be silenced by illness and the need for special care. The families are trusting the nursing homes to provide a safe environment for their loved ones. But what happens if your loved one suffers abuse and neglect in a nursing home facility? What forms can it come in? And can you file a lawsuit on their behalf? Learn more below.

Different Types of Nursing Home Abuse

  • Medical
  • Social and emotional
  • Improper hygiene
  • Failure to provide for basic physiological needs–water, food, shelter, and safety

Unlike overt, intentional acts of nursing home abuse and neglect can remain hidden for longer but is just as insidious. Any nursing home receiving federal aid like Medicaid and Medicare is subject to the national standards. These are the minimum standards but each state has different laws and definitions of neglect, abuse, and exploitation. The one thing that all of the states have in common is the enactment of Adult Protective Services (APS) programs for victims. This program investigates cases of elderly and disabled abuse and/or neglect.

What Are the Warning Signs of Nursing Home Neglect?

Abuse and neglect can come in many forms, however, we’ve seen the following happen most commonly:

  • Unexplained weight loss and dehydration
  • Bedsores and physical injuries/bruises
  • Loss of dentures, eyeglasses, or hearing aids 
  • Unclean environment and poor personal hygiene
  • Evidence of depression, anxiety, and social withdrawal
  • Bruises and injuries
  • Confusion and lack of interest in daily activities
  • Caregivers who seem disinterested or resentful
  • Outdated prescriptions
  • Faulty wiring and broken equipment
  • Lack of proper ventilation 
  • Improper temperature–too cold or hot given the weather conditions
  • Insufficient space
  • Infestations
  • Hazardous health conditions

What Can You Do?

  1. Report your observations and concerns to the nursing home administrator
  2. File a complaint by following the nursing home’s grievance procedures
  3. Report suspected neglect to the local Adult Protective Services (APS) agency, which will trigger an active investigation
  4. Contact the local police for an immediate removal of a loved one from a dangerous situation
  5. Speak with an experienced lawyer to resolve issues and concerns

Don’t ignore the signs and symptoms of abuse. If you have any inkling that your mother, father or other relative is suffering at the hands of a neglectful facility or abusive staff member, speak up. No one deserves to suffer at the hands of abuse. The attorneys at Lombardi & Lombardi, P.A. can help.

Contact an Edison Nursing Home Abuse Lawyer to Discuss Your Case Today

Seniors in nursing homes and other care facilities deserve to be treated with respect and dignity. Additionally, nursing home staff needs to ensure that patients are safe and secure at all times. If your loved one suffered an injury, or worse, due to nursing home abuse in New Jersey, you need to speak with a qualified attorney. The experienced nursing home neglect attorneys at Lombardi & Lombardi, P.A. represent clients throughout New Jersey, including Middlesex, Monmouth, Somerset, Ocean, and Union counties. Call (732) 709-7992 or fill out the online contact form to schedule a consultation today. Lombardi & Lombardi has two offices conveniently located in Edison New Jersey, as well as offices in Brick, Freehold and Point Pleasant. The main office of Lombardi and Lombardi, P.A. is at 1862 Oak Tree Road, Edison, NJ 08820.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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