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What is the Law on Nursing Home Abuse?

nursing home abuse law

What do you do when you notice that a skilled nursing facility fails to care for your elderly family members? In New Jersey, you can file a nursing home abuse lawsuit against a negligent nursing home.

By invoking your legal rights and those of your elderly family member, your nursing home litigation case will likely result in a settlement compensating your loved one who suffered nursing home neglect.

Learn about the laws that protect your loved one in New Jersey. Also, read to the end to see what you can do.

The Nursing Home Abuse Law: What You Need to Know!

New Jersey law protects nursing home residents from elder abuse and neglect. It defines what constitutes nursing home abuse and neglect and outlines the standards that nursing homes must follow according to the New Jersey Nursing Home Act (NHA). The NHA contains standards of care that nursing homes and other assisted living facilities in New Jersey must follow in order to provide the best care for its residents.

Deviations from the NHA’s standards are evidence of neglect. A nursing home facility is liable for negligence and abuse if a resident sustains severe injuries or psychological and emotional trauma due to these deviations. The standards require the nursing homes to provide the highest practicable level of care for each resident.

After the discovery of neglect or abuse, the facility is required to investigate to determine the cause of elder neglect or physical abuse. The APS also checks an assisted living facility for health and safety hazards. If any hazards are present, victims can then file nursing home abuse lawsuits.

New Jersey’s statute of limitations is generally two years from the date of injury, but exceptions exist if the injury could not be discovered in time under the state’s “Discovery Rule.” Under this rule, the actual date of injury is different from its discovery. As a result, the two-year clock starts ticking on claims for severe injuries once the victims become aware of the harm done to them.

As a result, the rule may enable patients in New Jersey to file nursing home abuse cases even after the two-year statute of limitations. However, when filing legal claims, victims must prove that they couldn’t have been aware of the injuries.

How to Find Out Whether There Has Been Abuse and Neglect at a Nursing Home

Call our nursing home abuse attorneys if you notice any of the following signs of abuse and neglect in elderly patients:

  • Signs of physical abuse or neglect (bed sores, unexplainable bruises, broken bones, or severe injuries).
  • Signs of medical neglect (poor nutrition, dehydration, lack of medicine).
  • Signs of mental abuse or mental anguish, such as behavioral changes.
  • Financial abuse.
  • Signs of emotional abuse are shown by increased anxiety and behavioral changes.

Any of the above are grounds for you to suspect abuse and call an elder abuse attorney.

What To Do: Call a Nursing Home Abuse Attorney!

When you notice any signs of neglect or abuse, call a nursing home negligence lawyer. Nursing home lawyers can ensure successful nursing home abuse litigation by establishing negligence on the part of the nursing home staff members and the facility. Also, with a personal injury law firm with elder law experience, you can get financial compensation for medical expenses and other damages.

Who to Contact!

Anyone thinking of suing nursing homes for neglect and abuse must seek help. If you’re looking for an experienced attorney with a proven track record of protecting seniors from abuse and medical malpractice cases, call our nursing home abuse lawyers at Rossetti, DeVoto, PC.

Seek justice and reach out at (856) 475-8261 to learn how we can help you and your loved one.

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Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have been included in the New Jersey's Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

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Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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