NURSING HOME ABUSE

Having your loved one admitted to a nursing home is a difficult and painful decision. But nothing is more painful than watching your loved one receive substandard care often resulting in injury or death.

Nursing homes and long-term care facilities that receive federal funds must comply with certain federal regulations and laws. These regulations and laws set out in detail the type and quality of care that residents in these facilities must receive. Due to the many reports of nursing home abuse and neglect that surfaced in the 1980s, Congress enacted legislation that requires nursing homes to comply with standards for the care of their residents. These laws are contained in the Omnibus Budget Reconciliation Act of 1987 (better known as OBRA). New Jersey has adopted OBRA in its entirety and requires its nursing homes to meet the same rigid standards that the federal law requires.

The Act basically requires nursing homes or long-term care facilities in New Jersey to provide services and care “to attain or maintain the highest practicable physical, mental and psychosocial wellbeing of each resident” and this care must be given based on written documentation for each resident, known as an individualized care plan.

There are a variety of reasons why a nursing home resident might receive substandard care and why these residents fall below the nursing home’s radar screen. Here are some examples of frequent injuries sustained by residents in nursing homes:

• Bedsores
• Dehydration and Lack of Proper Nutrition
• Falls
• Physical and Mental Abuse
• Wandering
• Wrongful Death

Rossetti & DeVoto, P.C. has handled nursing Home cases with much success. Nursing Home’s are notoriously understaffed which leads to many of the problems. We will get answers to your questions and will get key documents from the State that will show the rating for the nursing home and the prior incidents at the facility.

Here are some things you can do right away:

1. Make a note of any witnesses to the incident and get their addresses.

2. Find out the name of the roommate that your loved one had at the time and get that person’s address.

3. Take photographs of your loved one.

If you have additional questions, please go to our question and answer section on nursing homes for further information or contact us and we would be happy to discuss your case at no obligation.