Nursing Home Injuries in New Jersey
Nursing home injuries can take many forms. They can be physical, emotional or financial. The physical injuries are often the most apparent ones.
April 04, 2009 /24-7PressRelease/ -- Nursing Home Injuries in New Jersey
Article provided by Albert Buzzetti & Associates, L.L.C. Please visit our Web site at www.tristatelaw.com.
It is often a difficult decision for family members to place loved ones in a nursing home or other care facility. However, most families ultimately make this decision because they realize they cannot provide the level of care and attention needed by their loved ones.
Nursing homes and their employees are supposed to attend to the particular health, mental and medical needs of their residents while treating them with the respect and dignity every human being deserves. Unfortunately, many nursing homes fail to live up to their obligations. Whether it is because of budget cuts, under-staffing or poorly trained employees, the ones who suffer from these deficiencies are the residents.
Examples of Abuses and Injuries
Nursing home injuries can take many forms. They can be physical, emotional or financial. The physical injuries are often the most apparent ones and may include:
• Bed sores or ulcers
• Bruises, scratches or other wounds
• Burns
• Dislocated or broken bones
• Injuries from unauthorized use of physical restraints
• Dehydration and malnutrition
Emotional injuries may be less apparent and more difficult for family members to detect. Some signs of potential emotional abuse include:
• Depression
• Withdrawal
• Outbursts, aggression, agitation
• Disorientation
• Sudden changes in behavior patterns
Nursing home residents also may be the victims of financial abuse, which could include theft of money or property, unauthorized use of credit cards and signing over assets or giving away valuable property. Residents also may be subjected to sexual abuse, either by the staff or other residents.
Duties and Obligations of Nursing Homes
Under the law, nursing homes owe a duty of care to the residents of their facilities. They are required to exercise reasonable care to prevent injuries from happening to the residents. The level of care required depends on the resident's needs in light of his or her physical and mental conditions. For example, if the nursing home knows that a resident just had hip replacement surgery, the staff needs to take special care to prevent the resident from falling or otherwise dislocating the hip.
Other duties include:
• The duty to provide supervision. Properly supervising residents can prevent injuries from slip and falls, elopement and wandering around or outside of the facility.
• The duty to keep the nursing home premises in a safe condition. This includes keeping resident rooms and common areas, like hallways and recreation rooms, free from obstructions and other dangers.
• The duty to safely select and maintain the equipment used by the residents. This includes everything from wheelchairs to beds to examining tables.
• The duty to prevent residents from harming one another. If the staff knows a resident has a history of aggression or violence, they must protect other residents from him or her.
These duties extend to the employees and other staff members. Residents who are harmed as a result of the nursing home's failure to meet its legal obligations may be able to bring a lawsuit against the facility for their injuries.
Protecting Your Loved Ones
What can you do if you suspect a loved one has suffered a nursing home injury?
First, understand that not every injury may be the product of negligence or an intentional act by the nursing home. That being said, it is important not to immediately dismiss an injury as an accident, either. Pay attention when you are visiting the facility. Take note of any hygiene issues, the physical condition of the facility and how the staff speaks to and treats other residents.
Second, take any complaints or negative comments by your loved one or other residents seriously. Ask the staff questions about any issues brought up by your family member or about any suspicious marks, bruises or other injuries that have occurred at the facility. You also should ask to speak with a manager or other person responsible for overseeing the staff and resident care, especially if you feel your concerns are not being taken seriously.
Third, file a complaint with the New Jersey Department of Health and Senior Services. You also may want to file a complaint with the US Department of Health.
Lastly, always keep in mind your legal options. If the nursing home acted negligently or intentionally and caused harm to your loved one, you may be able to file a lawsuit against it. You also may have the right to file criminal charges against the nursing home in certain cases, such as for assault, sexual abuse and unauthorized use of physical restraints.
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