Placing a loved one in the care of an assisted living facility is often a difficult decision, but it is made with the expectation that they will receive proper care and protection. When that trust is broken, families are often left angry, confused, and unsure of their legal options. If you’re wondering whether you can sue a nursing home for neglect, it is crucial to understand the protections New Jersey law offers residents. Continue reading for more information and contact a knowledgeable New Jersey personal injury lawyer today.
What is Nursing Home Neglect?
Nursing home neglect occurs when a facility fails to provide the basic needs, care, and services required to maintain a resident’s health and safety. This neglect can lead to actual harm or placing the resident at risk of harm.
This is different from abuse, which is intentional. Neglect often arises from carelessness, understaffing, lack of training, or poor management. Legally, it is a breach of the duty of care owed by the facility and its staff to the resident. Common types of neglect and signs include:
- Medical neglect: Failure to administer medication, properly treat infections, or manage chronic conditions.
- Physical neglect: Failure to meet the resident’s basic needs, resulting in malnutrition, dehydration, unhygienic conditions, and untreated bedsores.
- Supervision neglect: Failing to prevent falls, wandering, or elopement, especially for residents with cognitive impairments like dementia or Alzheimer’s.
- Emotional neglect: Isolating a resident or ignoring their emotional needs.
Neglect generally involves a lack of action, not intentional harm. However, the resulting harm can be just as significant.
Can I Sue a Nursing Home for Neglect in NJ?
Yes, under New Jersey law, you have the right to sue a nursing home for neglect when their failure to provide adequate care causes harm. A lawsuit for nursing home neglect is typically pursued as a personal injury or negligence claim, arguing that the facility’s breach of its professional duty of care led to injury, illness, or wrongful death. Some cases may involve medical malpractice principles when professional medical care is an issue.
You might have a valid case if the nursing home’s carelessness is directly responsible for damages like serious falls, severe bedsores, malnutrition, dehydration, or worsening medical conditions. If neglect resulted in measurable harm, you likely have grounds for legal action to seek compensation.
How Can Nursing Home Neglect Be Proven?
Proving nursing home neglect in New Jersey requires demonstrating the following legal elements:
- Duty of care: The facility owed a duty of care to the resident to provide adequate care
- Breach of duty: The facility or its staff breached that duty by failing to provide the requisite standard of care
- Causation: The breach of duty directly caused the resident’s injuries or harm
- Damages: The resident suffered actual damages as a result, such as medical bills or pain and suffering
Common evidence used to prove these elements includes medical records, incident reports, staff shift logs, photographs of the injuries, testimony from medical experts establishing the standard of care, and witness accounts from family members or staff.
For more information, reach out to an experienced attorney at Falcon Law Firm today.
