Nursing Home Negligence
It is estimated that there are over $1.5 million elderly persons residing in nursing homes in the United States. There is clear evidence that nursing home abuse and negligence is on the rise. In fact, one estimate indicates that such negligence and abuse occurs in one out of every three nursing homes. Quite simply, many nursing homes fall short of the quality, care and individualized attention they promise to provide to their residents.
Nursing home abuse is inexcusable and can have devastating effects on its victims, their families and loved ones. That is why, when one suspects that a loved one is the victim of nursing home abuse, it is important to speak to a qualified attorney.
In legal terms, nursing home negligence is defined as the failure of any person having the care or custody of a nursing home resident to exercise that degree of care which a reasonable person in a like position would exercise by failing, for example, to give the resident the care, services or goods necessary to avoid harm or illness. In a broad sense, negligence is carelessness. The most common examples of nursing home negligence include:
- Failure to maintain proper nutrition and hydration
- Failure to prevent the development of bedsores
- Failure to provide adequate supervision and assistant devices to prevent accidents
- Physical abuse
Most often, the negligence seen in a nursing home is part of a pattern of neglect. A nursing home's failure to properly monitor and/or administer a resident's meal and food intake commonly results in malnutrition. Likewise, the failure to timely reposition a nursing home resident can result in bedsores. These types of injuries develop over time and are the result of a pattern of neglect.
Unfortunately, in many cases, the root case of nursing home negligence is nothing more than sheer corporate greed. Often the nursing home will put profits over patients. For example, to increase profits, many nursing homes decrease staff, provide less training for the staff employed, cut management and oversight personnel and hire employees who are not properly trained. The result is that the nursing home residents are vulnerable to neglect and injury.
Fortunately, these residents have a voice and the law is rapidly developing to provide safeguards that nursing home residents deserve. The New Jersey Nursing Home Bill of Rights provides a broad array of rights of nursing home residents, as well as a list of responsibilities of the nursing home. Likewise, the Federal Nursing Home Reform Act provides specific guidelines which nursing homes that accept Medicare and Medicaid must adhere to.
When a resident suffers an injury in a nursing home as a result of negligence and neglect, the State and Federal laws provide significant remedies. An attorney well versed in this evolving field of law can help the victim of such negligence and their family to right the wrong that has been perpetrated upon them.
We all must remember that these facilities are truly "home" to their residents. One should always feel safe and taken care of in their home. Our seniors deserve nothing less. The law has recognized this and has provided strict standards and remedies for victims of nursing home negligence.
If you would like to know more about this field and the services Novy & Associates, L.L.C. can render for the victim of nursing home negligence, please feel free to contact us at (732) 657-0600.