Each day, the most vulnerable people in our society, our senior citizens, are abused in nursing homes and assisted living facilities. When this happens, the victim’s family is angry, scared and uncertain about who they should turn to and what they should do. Usually, a nursing home abuse lawyer is not the first person you would think to call if you believe a loved one is a victim of nursing home abuse.
However, calling a New Jersey nursing home attorney might be your most important step in both preventing future abuse and making a wrongdoer pay for neglecting your loved one.
No, nursing homes are not “charitable” places; they are businesses trying to make money. Corporate nursing home empires may claim that they’re committed to quality care of residents, but often, that’s not the case. When they are accused of neglect, they may become defensive and angry. Instead of focusing on caring for our elderly loved ones, some nursing homes are leveraging a patient’s life and health as a commodity to be traded on the market.
While some cases are straightforward, most cases can be complicated. But unless you have dealt with many nursing home cases, you simply will not know what to look for to determine if your loved one was a victim of nursing home abuse.
Why wonder? Seek the advice and counsel from an experienced New Jersey nursing home lawyer at no charge.
Even if you only have the slightest suspicion, call us or e-mail us and we will have a New Jersey nursing home abuse lawyer answer your questions. We will listen to your story, review medical records, and explore and analyze the issues surrounding your situation so you can better understand whether you have a nursing home abuse case. All of this comes at no cost to you.
There are very strict deadlines for filing a nursing home suit. Therefore, it is important to seek legal advice as soon as possible.
Step One: Determine if there’s a nursing home neglect or abuse case
At the Mininno Law Office, we will have your case reviewed by medical professionals. These professionals will go over your medical history, records, operative reports and medical tests to see if you have a strong case for nursing home abuse or medical negligence.
Step Two: Determine if you need an attorney
If you have a case of nursing home abuse or neglect, the firm will invite you and your family to meet at the firm’s offices to have an open and honest discussion about the merits of your case. All of your questions and concerns will be answered and then you and your family can decide if the case should be filed.
If you decide to proceed, the Mininno Law Office will then notify the proper people and make sure that you are protected from day one.
The certified civil trial lawyer will work with the insurance companies, your doctors, the hospital system and/or medical law system to find out what your rights and legal options are. While the victim fights to recover from the nursing home abuse or neglect, the nursing home abuse lawyer will fight for the victim’s legal rights.
We will help you explain your situation to your bill collectors and make sure that any medical bills are properly submitted to your insurance carriers for payment.
When you come to the Mininno Law Office, you will receive a free case evaluation or consultation with our team. They will be able to break down the details of your case and determine if you need a nursing home abuse lawyer.
Many times, an elderly nursing home resident will be diagnosed with one or more of these conditions:
• Bedsores or open wounds
• Unexplained bruises, cuts, burns, sprains or fractures
• Falls in shower, out of bed or out of chairs, resulting in injury
• Urinary tract infection
• Dehydration, malnutrition or weight loss
• Bowel impaction
• High staff turnover
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody garments
• Loss of resident’s possessions
• Refusal or delays to have visitation with the resident
• Resident not allowed to be alone with a visitor
• Over-sedation or overuse of restraints
• Sudden changes in the resident’s will, bank accounts or other financial documents
The nursing home or assisted living facility will usually deny neglect, and say, “Well, your grandmother was very old and ill.” The home or facility may also say, “We cannot watch these patients every moment.” These conditions are red flags that nursing home neglect may be occurring.
A New Jersey nursing home lawyer has experience in identifying the well-known signs of nursing home abuse or neglect and can help you or your loved ones fight back.
This condition is almost always a certain sign of nursing home neglect. That’s why a New Jersey nursing home abuse lawyer is dedicated to stopping pressure ulcers and bedsores. A New Jersey nursing home lawyer will know both the state and federal regulations that must be followed to prevent bedsores or pressure ulcers from occurring. If your loved one has developed a bedsore in a nursing home facility, you may have a case for negligence.
Continue reading about bedsores (pressure sores) cases in New Jersey and nursing home abuse.
The Mininno Law Office has a campaign to raise awareness for nursing home abuse and neglect and protect our senior citizens. The Mininno Law Office is committed to raising awareness when it comes to nursing home abuse, bedsore prevention and nursing home neglect.
We have written and published numerous public awareness and educational articles on these topics:
• Nursing Home Abuse Prevention: Good Communication is Key
• Nine Signs of Nursing Home Abuse
• Six Steps to Skirt Nursing Home Abuse
• What is a Nursing Home Care Plan?
• Elder Abuse Takes the Form of Fraud and Theft
Yes you can, absolutely. A nursing home or assisted living facility that breaks the rules should be reported. We can help you file the report to ensure that the nursing home and especially your loved one’s care are investigated by the proper authorities. This investigation protects your loved one and other nursing home residents from abuse.
Below are some links to resources in New Jersey, Pennsylvania and elsewhere to report negligent nursing homes that commit abuse:
Generally, attorney fees are not cheap, and nursing home abuse lawyers know that defendants may not have the money to hire them. However, the Mininno Law Offices will work on “contingency fee basis,” which allows you to get the best legal representation available without having to pay up front. In other words, contingency is service now, pay later.
Another benefit of working on a contingency basis is that you do not pay legal fees unless and until you win. As a fee, the lawyer receives a percentage of your recovery as compensation. Most lawyers receive for 33 to 40 percent of your compensation. In the event that you do not win the case, if you’re working with a medical malpractice lawyer on contingency, you do not have to pay any fee. In other words, we work for free unless or until we are successful.
A nursing home abuse lawsuit is a battle. You can expect a long, tiring process. You must be prepared to answer written questions, some of them personal in nature, and be prepared to answer questions about your case at an attorney’s office.
But don’t worry. We will be with you the entire time to protect your rights. You may find yourself spending a large amount of time each day helping your attorney with the case. It’s a team effort.
These cases are usually not quick and simple. Sometimes they are resolved quickly, but it may take months or even years for a case to be resolved. However, if we do win the case, you are entitled to compensation. The exact amount of money you can recover can’t be determined without analyzing all information related to the nursing home abuse or neglect. Each case involves a different set of circumstances, and therefore different amounts of money.
The victim of nursing home abuse or neglect and his or her family may recover monetary damages for:
• Wrongful death damages
• Past and future medical expenses
• Future loss of earnings or reduced earning capacity
• Pain and suffering
• Costs of specialized care — including medical equipment, caregivers and aides, physical and emotional therapy and education
• Family’s out-of-pocket expenses for caring for the victim
If your loved one has suffered abuse that required medical attention and rehabilitation, an attorney specializing in nursing home abuse for cases can help you recover the expenses you incur as well as compensation for pain and suffering by presenting a strong case.
As far as receiving compensation, that depends on a number of factors such as how serious the abuse is and whether the case is settled or goes to trial.
We have tried to answer some of the basic questions most people have when they consider whether they need a medical malpractice attorney. But, we are available to answer any other questions you may have. Just contact the Mininno Law Office by sending us a question on the form to the left and we will give you an answer.
Our experience has shown that elder care abuse is usually the result of failing to do adequate background checks on employees hired to care for the elderly. It is very important to know your rights in these situations. Put a stop to such abuse by immediately contacting our nursing home neglect attorneys in New Jersey or Pennsylvania.
If you would like to speak immediately with a New Jersey malpractice lawyer, you can call (856) 833-0600. If you would like to speak to a Pennsylvania lawyer, you may call (215) 567-2380.
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There are five common types of nursing home abuse, according to the National Center on Elder Abuse (NCEA): physical abuse, emotional abuse, financial abuse, sexual abuse, and neglect. Additional types of nursing home abuse include self-neglect and abandonment.How do I report nursing home neglect in NJ? ›
Complaints about care and treatment in NJDOH licensed facilities, including nursing homes and assisted living facilities, can also be directed to the NJDOH by calling 1-800-792-9770.What are the 3 most common complaints about nursing homes? ›
- Slow Response Times. By far, the most common complaint in many nursing homes is that staff members are slow to respond to the needs of residents. ...
- Poor Quality Food. ...
- Social Isolation. ...
- When Complaints Turn into a Dangerous Situation.
Nursing home abuse is any type of harm — including physical or emotional injuries, sexual assault, or financial exploitation — that comes to elderly residents in long-term care facilities.What is considered elder abuse in New Jersey? ›
Elder abuse is defined as any knowing, intentional or negligent act by a caregiver or any person that causes harm or serious risk of harm to a vulnerable adult. What is Financial Exploitation? Financial exploitation is the misappropriation of assets of an elder individual through coercion, misrepresentation or theft.How do I file a complaint with the NJ Medical Board? ›
- Online. The Division takes on-line complaints. ...
- By Phone. Complaint Hotline: 1-800-792-9770. ...
- By FAX. You may choose to print and complete our Consumer Resident/Patient Complaint Report Form (AAS-60). ...
- By Mail. Please print out and Complete the Consumer Resident/Patient Complaint Report Form (AAS-60).
The ombudsman works with all parts of the trial court to provide: Answers to questions about how the court works and deadlines involved. Information about what the requirements are to have your case considered by the court. Some information from your case file.What is the biggest problem in nursing homes? ›
The nursing home industry is continually faced with challenges. These challenges come in the form of ever-changing regulations, declining profits, and staffing shortages. Of course, these factors can lead to less-than-adequate care as staff are expected to do more complex treatments with fewer resources.How often should nursing home residents be bathed? ›
1. Seniors don't have to bathe every day. Even though most Americans are used to showering every single day, it's not a strict requirement for good health. At a minimum, bathing once or twice a week helps most seniors avoid skin breakdown and infections.What is classed as neglect in a care home? ›
Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of. Leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect.
The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.What is verbal abuse in a nursing home? ›
The National Center on Elder Abuse defines verbal abuse as the infliction of pain, anguish, or distress through verbal acts. Nursing home staff may use verbal abuse in an attempt to coerce, degrade, frighten or punish nursing home residents.What is the most common form of elder abuse? ›
The most common type of elder abuse is neglect. Some examples of neglect are not giving them their medicine, protecting them from danger, not providing food or water, and not taking care of their hygiene if they are unable to do so themselves.What does APS look for? ›
APS workers investigate cases of abuse, neglect or exploitation, working closely with a wide variety of allied professionals such as physicians, nurses, paramedics, firefighters and law enforcement officers.What is elder abuse coercion? ›
Elder abuse -- the mistreatment or exploitation of senior citizens -- can take many different forms. Instances of elder abuse range from the infliction of physical harm to the use of fraud or coercion to extract financial or material gain from vulnerable seniors.What is exploitation of the elderly give examples? ›
Using an older parent's ATM card without their permission. Forging or misusing an older person's checks. Using the authority granted by a power of attorney to use the older person's funds for one's own needs. Pressuring an older parent into paying expenses for oneself or for someone else.How do I report a nurse in NJ? ›
Complaints about nursing staff in New Jersey are processed by the New Jersey Board of Nursing, a subsidiary of the New Jersey Division of Consumer Affairs. Complainants may reach the Board of Nursing by phone at (973) 504-6457.How do I report an LPC in NJ? ›
If you have any questions please contact our Consumer Service Center at (973) 504-6200. Please be advised that any information you supply on the complaint form may be subject to public disclosure.How do I contact the NJ Health Department? ›
1-800-792-9770 or visit the DOH web site.How do you contact the ombudsman? ›
- Phone: 0300 111 3000.
- Email: firstname.lastname@example.org.
- Please note that our office at Canary Wharf is closed so please do not send post to the Exchange Tower address. ...
- Fax: 020 7831 1942.
- Follow us: Twitter and LinkedIn.
There are 358 nursing homes in New Jersey.What is an insurance ombudsman? ›
An ombudsman's goal is to help both sides come to a resolution via mutual agreement. An ombudsman's goal is to help both sides come to a resolution via mutual agreement. Canadian life and health insurance consumers can submit a complaint to us if they feel dissatisfied with their insurer's final position on a policy.What is the most common type of nursing home abuse? ›
- Emotional Abuse. According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting. ...
- Physical Abuse. ...
- Abandonment. ...
- Sexual Abuse. ...
- Financial Abuse. ...
- Neglect. ...
- Physical abuse.
- Domestic violence or abuse.
- Sexual abuse.
- Psychological or emotional abuse.
- Financial or material abuse.
- Modern slavery.
- Discriminatory abuse.
- Organisational or institutional abuse.
The Care Act recognises 10 categories of abuse that may be experienced by adults.What are examples of abuse in healthcare? ›
- Misusing codes on a claim;
- Charging excessively for services or supplies; and.
- Billing for services that were not medically necessary.
The National Center on Elder Abuse defines verbal abuse as the infliction of pain, anguish, or distress through verbal acts. Nursing home staff may use verbal abuse in an attempt to coerce, degrade, frighten or punish nursing home residents.What happens if a care home doesn't have enough staff? ›
Consequences of Nursing Home Understaffing
Abuse and neglect become a bigger problem as the resident-to-staff member ratio increases out of control. This neglect and abuse on the part of the nursing home staff can cause psychological problems, physical illnesses, and even death among the nursing home residents.
Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of. Leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect.What are the 7 types of elder abuse? ›
The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.
Types of abuse include; physical, sexual, psychological, verbal, emotional and mental, financial and spiritual.What is passive neglect? ›
Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.What is abandonment abuse? ›
Abandonment occurs when a vulnerable adult is left without the ability to obtain necessary food, clothing, shelter or health care. Examples include deserting a vulnerable adult in a public place or leaving a vulnerable adult at home without the means of getting basic life necessities.What factors are considered in determining abuse? ›
- Lack of mental capacity.
- Increasing age.
- Being physically dependent on others.
- Low self-esteem.
- Previous history of abuse.
- Negative experiences of disclosing abuse.
- Social isolation.
- Lack of access to health and social services or high-quality information.
- An air of silence when a particular person is present.
- Withdrawal or change in the psychological state of the person.
- Low self-esteem.
- Uncooperative and aggressive behaviour.
- A change of appetite, weight loss/gain.
- Signs of distress: tearfulness, anger.
If a nurse feels that a patient is abusive, the nurse has the right to refuse to care for that patient. The nurse should first attempt to resolve the issue with the patient and/or the patient's family. If the situation cannot be resolved, the nurse should notify the supervisor and/or the administration.Which of the following best describes a complaint of patient abuse or neglect? ›
A “patient grievance” is a formal or informal written or verbal complaint that is made to the facility by a patient or a patient's representative, regarding a patient's care (when such complaint is not resolved at the time of the complaint by the staff present), mistreatment, abuse (mental, physical, or sexual), ...What constitutes patient abuse? ›
Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older than 60 and forms a large proportion of patient abuse. Abuse includes physically striking or sexually assaulting a patient.