Nursing Home Negligence

New Jersey Nursing Home Negligence Attorney

What is Nursing Home Negligence in New Jersey?

Nursing home negligence in New Jersey refers to situations where a nursing facility fails to provide the standard of care that is expected, resulting in harm to the resident. This negligence can manifest in various forms, from physical abuse to medical errors, and it is a serious issue that demands immediate attention.

Common Forms of Nursing Home Negligence

• Bedsores and Pressure Ulcers: One of the most prevalent signs of nursing home neglect is the development of bedsores or pressure ulcers. These painful injuries occur when a resident is left in one position for too long, impeding blood flow and causing skin and tissue damage. Bedsores are preventable with proper care, and their presence often indicates a lack of attention and care from nursing home staff.
• Medication Errors and Deviations from Care Plans: Medication errors, such as giving the wrong dosage or the incorrect medication, can have severe consequences for nursing home residents. Similarly, deviations from individualized care plans can lead to health complications. Such negligence can stem from understaffing or lack of training among nursing home staff.
• Physical and Sexual Abuse Allegations: Allegations of physical and sexual abuse in nursing homes are deeply concerning. Physical abuse can include unnecessary use of restraints, hitting, or rough handling, while sexual abuse encompasses any non-consensual sexual interaction. These actions are not only criminal but also a grave breach of trust and care that nursing homes owe to their residents.
• Injuries from Poor Hygiene and Malnourishment: Neglecting the basic needs of residents, such as hygiene and nutrition, can lead to serious health issues. Poor hygiene can result in infections, while malnourishment can weaken a resident’s overall health and immunity. These are clear indicators of negligence in a nursing facility.

Experienced New Jersey Nursing Home Negligence Attorney

Navigating the complexities of nursing home injury and negligence cases in New Jersey requires an attorney with specific experience in this field. We understand the state laws and regulations governing nursing homes and have the expertise to build a strong case on your behalf. Our attorneys are committed to holding negligent parties accountable and ensuring that you or your loved one receive the compensation you deserve for the suffering endured.

How We Can Help

We take a compassionate and thorough approach to each case. Our team will:

• Investigate the circumstances of the negligence.
• Gather evidence, including medical records and witness statements.
• Work with medical experts to assess the extent of injuries and required care.
• Calculate the full extent of damages, including medical expenses, pain and suffering, and, if applicable, wrongful death.

Your Legal Rights and Compensation

Victims of nursing home negligence in New Jersey have the right to seek compensation for their injuries and suffering. This can include medical expenses, rehabilitation costs, pain and suffering, and in tragic cases, compensation for wrongful death.

Contact Us Today

If you or a loved one has suffered from nursing home negligence in New Jersey, contact the Law Office of Andrew A. Ballerini for a consultation. Our experienced New Jersey nursing home negligence attorneys are here to help you navigate this challenging time and fight for the justice and compensation you deserve.

Call us at (856) 665-7140 for a free, no-obligation consultation. Let us help you take the first step towards healing and justice.

• What is the Peggy’s law in New Jersey?
• Responsibilities of a Nursing Home Ombudsman in New Jersey?
• How do I complain about a nursing home in New Jersey?
• Who oversees assisted living facilities in New Jersey?

Contact New Jersey Nursing Home Negligence Attorney

Have you or a loved one suffered due to nursing home negligence in New Jersey? It’s time to stand up for your rights and seek the justice and compensation you deserve. At the Law Office of Andrew A. Ballerini, our experienced New Jersey nursing home negligence attorneys are ready to advocate passionately on your behalf.

Don’t let negligence go unchallenged. Contact us today for a free, no-obligation consultation. We will listen to your story, explain your legal options, and guide you every step of the way in your pursuit of justice.

Call (856) 665-7140 now to schedule your consultation. Together, we can make a difference.

What is the Peggy’s law in New Jersey?

“Peggy’s Law” in New Jersey refers to legislation designed to protect senior citizens in nursing homes. Enacted in August 2017, this law requires staff members at nursing homes and other senior care facilities to report any suspected abuse, exploitation, or neglect of a resident to the police. Prior to this law, reporting was primarily made to the New Jersey Office of the Ombudsman for the Institutionalized Elderly.

The law was named after Peggy Marzolla, a 93-year-old woman who died in 2010 following injuries she sustained at a nursing home. Her injuries were not reported to law enforcement, leading to concerns about the oversight and protection of elderly residents in care facilities. Peggy’s Law aims to ensure that such incidents are promptly reported to law enforcement, facilitating quicker responses and investigations into allegations of abuse or neglect in nursing homes.

“Peggy’s Law” mandates the following key provisions:

• Prompt Reporting of Suspected Abuse or Neglect: Peggy’s Law requires caregivers and staff at nursing homes, assisted living facilities, and similar institutions to immediately report any suspicions of abuse, exploitation, or neglect of elderly residents. This report must be made to local law enforcement and the New Jersey Office of the Ombudsman for the Institutionalized Elderly.
• Penalties for Failure to Report: The law imposes strict penalties on individuals and institutions that fail to report suspected abuse or neglect. This includes fines and potential criminal charges, emphasizing the seriousness of these responsibilities.
• Enhanced Communication: The law also aims to improve communication between various agencies and organizations involved in protecting the elderly, ensuring a more coordinated response to suspected abuse or neglect cases.
• Increased Awareness and Training: Peggy’s Law also focuses on increasing awareness and training among staff members in senior care facilities, emphasizing the importance of recognizing and reporting signs of abuse or neglect.

Peggy’s Law was enacted to address gaps in the protection of senior citizens in care facilities, ensuring that incidents of abuse or neglect are promptly reported and addressed, and that those responsible are held accountable. The law represents a significant step in improving the safety and well-being of elderly residents in New Jersey’s care facilities.

Responsibilities of a Nursing Home Ombudsman in New Jersey

Responsibilities of a Nursing Home Ombudsman in New Jersey are focused on protecting the rights, well-being, and quality of life for residents in nursing homes and other long-term care facilities. These responsibilities include:

• Investigating Complaints: Responding to and investigating complaints made by residents, their families, or staff regarding issues such as abuse, neglect, mistreatment, poor quality of care, and violation of residents’ rights within the facility.
• Advocacy for Residents’ Rights and Well-being: Acting as an advocate for the rights and well-being of residents. This includes ensuring that residents are treated with dignity and respect, have freedom from abuse and neglect, and receive appropriate care.
• Informing Residents about Their Rights: Educating residents and their families about their legal rights and entitlements, including the right to privacy, autonomy, and participation in decisions regarding their care.
• Mediation and Conflict Resolution: Mediating disputes between residents and nursing home staff or management, aiming to resolve conflicts in a way that respects the resident’s wishes and complies with laws and regulations.
• Monitoring Facilities: Regularly visiting nursing homes to monitor conditions, ensure compliance with standards, and establish a presence so residents and staff know they can approach the Ombudsman with concerns.
• Training and Support: Providing training and support to residents, their families, and facility staff on issues related to long-term care, residents’ rights, and how to address concerns within the facility.
• Policy and Legislative Advocacy: Participating in or leading initiatives to influence policy, legislation, and regulations to improve the quality of life and care for residents in long-term care facilities.
• Collaboration: Collaborating with state and local regulatory agencies, including the Department of Health, to ensure that nursing homes are adhering to legal standards and to address systemic issues in long-term care.

The Nursing Home Ombudsman in New Jersey plays a vital role in ensuring that the voices of those in long-term care facilities are heard, their rights are protected, and their living conditions are safe and of high quality.

How do I complain about a nursing home in New Jersey?

To file a complaint about a nursing home in New Jersey, you should follow these steps:

1. Identify the Issue: Clearly identify and document the specific issues or incidents that you are concerned about. This might include instances of neglect, abuse, inadequate care, unsanitary conditions, or any other problems that affect the health, safety, or welfare of residents.
2. Contact the Nursing Home Management: Before escalating the complaint, consider discussing the issue with the nursing home’s management or administration. Sometimes issues can be resolved at this level.
3. File a Complaint with the New Jersey Department of Health:
   • Online: You can file a complaint online through the New Jersey Department of Health’s website.
   • By Phone: Complaints can also be made by calling the Health Facilities Complaint Hotline at 1-800-792-9770. This line is available 24 hours a day.
   • In Writing: You can send a written complaint to the New Jersey Department of Health, Division of Health Facility Survey and Field Operations.
   • When filing a complaint, provide as much detail as possible, including dates, names of individuals involved, and a clear description of your concerns.
4. Contact the Office of the Ombudsman for the Institutionalized Elderly: If the complaint involves abuse, neglect, or exploitation of an elderly person in a long-term care facility, you can contact this office:
   • By Phone: Call 1-877-582-6995 to report the abuse.
   • In Writing: You can send a written complaint to their office.
   • Online: Visit their website for more information and additional contact options.
5. Keep Records: Maintain a record of all the complaints you file, including whom you spoke with, the dates of communication, and any responses you receive.
6. Seek Legal Advice: If the situation is severe, or if you are not satisfied with the response to your complaints, consider consulting with an attorney who specializes in elder law or nursing home negligence.

Remember, it’s important to act promptly if you believe a resident’s health or safety is at risk. Complaints can be made anonymously if you’re concerned about retaliation.

Who oversees assisted living facilities in New Jersey?

In New Jersey, the primary agency responsible for overseeing assisted living facilities is the New Jersey Department of Health (NJDOH). The NJDOH is tasked with licensing, inspecting, and regulating these facilities to ensure they comply with state health and safety standards. Their responsibilities include:

1. Licensing and Certification: The NJDOH issues licenses to assisted living facilities, ensuring that they meet the necessary standards to operate in the state.
2. Inspections and Surveys: Regular and unannounced inspections are conducted to ensure facilities adhere to state regulations. These inspections cover various aspects like resident care, medication management, staff qualifications, and facility maintenance.
3. Investigating Complaints: The NJDOH also investigates complaints about the quality of care, abuse, neglect, or violations of residents’ rights in assisted living facilities.
4. Enforcement Actions: If violations are found, the NJDOH can take enforcement actions, including fines, requiring corrective action plans, or, in severe cases, revoking a facility’s license.

Additionally, the New Jersey Office of the Ombudsman for the Institutionalized Elderly plays a critical role in advocating for residents of long-term care facilities, including assisted living facilities. This office helps address complaints and concerns of residents related to their care and rights.

For specific concerns or complaints about an assisted living facility in New Jersey, contacting either the New Jersey Department of Health or the Office of the Ombudsman for the Institutionalized Elderly is advisable. These agencies ensure that assisted living facilities provide a safe, healthy, and respectful environment for their residents.

Contact New Jersey Nursing Home Negligence Attorneys

If you or a loved one has suffered an injury in a nursing home due to negligence, we understand the pain and frustration you’re going through. At the Law Office of Andrew A. Ballerini, we specialize in addressing such injustices in New Jersey. We know the complexities of nursing home law and the profound impact these cases have on families. Our experienced team is committed to fighting for the rights and well-being of your loved ones. We believe in holding negligent parties accountable and ensuring you receive the compensation and justice you deserve. The path to healing and justice begins with a phone call. Reach out to us at (856) 665-7140, and let’s discuss how we can help you navigate through this challenging time with compassion, expertise, and a relentless pursuit of justice. Remember, you’re not alone in this; we’re here to stand with you every step of the way.