Placing a loved one in a care facility is always emotionally wrenching. Often, family members feel a sense of guilt or pain at no longer being able to care for their loved ones at home. Yet, despite such misgivings, nursing home care may be completely necessary for the medical wellbeing of your loved one.
Nursing homes are entrusted with an extraordinary responsibility: watching out for those who cannot look after themselves. Due to the vulnerable nature of nursing home residents, even seemingly innocuous omissions can have real consequences for patients and their families. When nursing home misconduct harms your loved one, whether neglect or outright abuse, you may have an actionable personal injury claim for monetary damages.
Common Nursing Home Resident Injuries
Neglect can be responsible for a wide range of injuries in a nursing home setting. Bedsores, also known as pressure sores, pressure ulcers or decubitus ulcers, are a common hallmark of nursing home neglect. Bedsores are caused by unrelieved pressure that restricts blood flow to the skin and other tissue, and are often the result of inattentive nursing home staff.
Another common problem is medication errors, which can result in severe illness or even death to elderly patients. Over 1.5 million preventable adverse drug events occur every year in the United States, and many of these occur in nursing homes.
Nursing home falls are also unsettlingly common. Over 1,800 Americans die each year from falls in nursing home facilities, despite requirements that care facilities conduct a fall-risk assessment for every resident. Even when a fall does not result in death, the potential for serious injuries like bone fractures is high.
Unfortunately, intentional physical and sexual abuse also occur in New Jersey nursing homes. Injuries inflected may include cuts, bruises, emotional harm and infection with venereal disease. Five percent of seniors are estimated to have been victims of physical abuse.
Preventing Abuse and Neglect
Several state and federal agencies are responsible for licensing, regulating and inspecting New Jersey nursing homes. The New Jersey Department of Health and Senior Services oversees nursing facility compliance with state guidelines. Nursing homes that accept Medicare and Medicaid payments must comply with regulations promulgated by The Centers for Medicare and Medicaid Services.
The New Jersey Office of the Ombudsman for the Institutionalized Elderly also investigates allegations of elder abuse. Additionally, many New Jersey nursing homes are accredited by various national organizations that conduct inspections to assess performance, and key professionals in nursing home settings must be licensed or certified by state agencies.
Considering the multitude of organizations responsible for safeguarding institutionalized seniors, why does nursing home neglect and abuse still take place? For one thing, abuse and neglect is difficult to detect: nursing home residents may be unable or unwilling to make a report, and mistreatment is not always readily apparent to family members. In addition, resources are limited. There are over 50,000 beds in certified Medicare and Medicaid nursing home facilities throughout New Jersey, and government inspectors are unable to monitor them at all times.
Your Family's Case
When government enforcement is not enough, there is still something you can do to protect your family from nursing home abuse and neglect. A civil lawsuit can not only help you pursue financial compensation for the harm inflicted, it can also send a powerful message to facilities that tolerate substandard practices. If you suspect someone you love is not receiving the excellent nursing home care they deserve, contact a Camden County personal injury attorney today.
