A personal injury lawsuit brought on behalf of a nursing home resident as a result of abuse or neglect of that resident is one of the most difficult types of lawsuits. This is because the vast majority of victims of nursing home abuse or neglect are elderly or disabled and as a result unable to protect their rights due to physical disability or mental incapacity.
As a result, the evidence obtained by family members, by the attorney who brings the lawsuit, and by investigators on behalf of that attorney are of the greatest importance. In New Jersey, the evidence that a facility failed to comply with residents’ responsibilities and rights as set forth in the Nursing Home Responsibilities and Rights of Residents Act (N.J.S.A. 30:13-1 et seq.) and the federal Nursing Home Reform Act must be specific and documented in order to establish a violation of any of the responsibilities or rights set forth in either of these two statutes.
In New Jersey, a personal injury lawsuit must generally be filed within two years after the incident of negligence occurred or within two years after the injuries have been discovered. In order to protect the rights of a loved one, it is essential to begin collecting evidence as quickly as possible.
The Most Powerful Forms of Evidence in Nursing Home Lawsuits
1. Medical Records and Care Logs
Medical records and care logs are typically some of the most important pieces of evidence in a nursing home abuse or neglect case. Often, the physician’s orders and the nursing assessments are documented in the resident’s medical records. In addition, the medical records may contain the medication administration records, wound care logs, and discharge summaries from hospitalizations. These records can clearly reveal the discrepancies between what the nursing home staff asserts that it did and what the actual medical records reveal that was done for the resident.
For example, the medical records of a resident with bedsores would clearly show whether the sores were treated in a timely manner and whether they were allowed to progress to a stage 4 wound, which can become life-threatening and may require hospitalization or surgical intervention. In addition, the medical records can show whether the incidents of a resident’s falls were properly documented or not, and whether the resident’s medications were administered as ordered.
2. Photographs and Visual Documentation
For any visible injuries (e.g. unexplained bruises, burns, bedsores, cuts, etc.) take immediate photos, make note of the date in which the photos were taken. These types of photos are very hard for defendants to deny. Families should document injuries consistently and preserve dated photographic evidence while residing in a New Jersey nursing home in places like Trenton or Cherry Hill. Document all of the injuries in as much detail as possible.
3. Incident Reports and Complaints Filed with the Facility
Incident reports that document a report of abuse or neglect by a family member to a facility’s administration are very important pieces of evidence. If a report is made verbally to a facility’s administration, it is very important to follow up with a written report, keep a copy of the report and include the date and time the report was made, the names of the administration staff member(s) to whom the report was made, and a detailed description of the events that led to the report.
In New Jersey, nursing homes are required by law to investigate all complaints regarding residents, including those complaints reported by family members and residents. If a facility fails to investigate a report of abuse or neglect or if a facility attempts to cover up abuse or neglect, the failure to investigate or the attempt to cover up can be used as evidence of abuse or neglect.
4. State and Federal Inspection Reports
The New Jersey Department of Health conducts regular inspections of all of New Jersey’s long-term care facilities. These inspections identify deficiencies such as those caused by a lack of adequate staffing. All inspection reports are available to the public and the reports reveal whether or not a long-term care facility has a pattern of serious problems including problems with the hygiene care of residents, problems with the administration of medication to residents, and other serious problems.
Many nursing home abuse and neglect cases can be proven by documenting a pattern of serious problems at a long-term care facility over time. Our experienced New Jersey nursing home abuse and neglect attorneys can obtain all available Department of Health inspection reports for any New Jersey long-term care facility and use that evidence to prove your case.
5. Witness Testimony
In addition to the evidence that comes from medical records, we also collect statements from other residents and family members of residents, as well as from former employees of nursing homes who have witnessed instances of abuse or neglect. The statements of these witnesses are critical in establishing a pattern of neglect as well as in identifying specific individuals who abused a resident. Our experience in handling nursing home cases in New Jersey has shown that it is essential that we collect statements of such witnesses early on in a case before they become unavailable.
6. Staffing Records and Employment Files
Chronic understaffing in nursing homes is one of the leading causes of neglect to residents in New Jersey. Reviewing a nursing home’s staffing records can help determine if a facility has an adequate number of qualified staff members to care for all of its residents. Also, a review of an employee’s file can reveal whether the employee was properly background checked prior to being hired by the facility to care for the facility’s most vulnerable residents.
Furthermore, a review of an employee’s file can reveal whether the employee received proper training on how to prevent abuse of residents. If not, the facility could be held liable for any neglect or abuse that occurs as a result of the employee’s lack of proper training and supervision.
7. Expert Medical Testimony
In many cases, expert testimony is necessary to determine what the care of a nursing home resident would require in order to meet the standard of care of said resident. By utilizing the services of a physician, nurse, or geriatric care expert, the lawyers at PR&A Law are able to establish the facts of a case and explain to a jury in clear terms how a nursing home has fallen short in meeting the needs of its residents. For example, if a resident’s bedsores have progressed to the point where they have become stage 4 wounds, it is clear that the nursing home has failed to provide the resident with the most basic level of care.
Likewise, a resident who has been suffering from an untreated infection that has progressed to the point of causing the resident to suffer from sepsis clearly was not receiving the level of care that he or she required.
Local Considerations for New Jersey Nursing Home Cases
New Jersey currently has hundreds of licensed nursing homes for its elderly. Many families throughout Mercer, Burlington, Morris, Essex, and Camden counties have faced the devastating consequences of nursing home abuse and neglect. PR&A Law has a number of offices throughout New Jersey including Trenton, Cherry Hill, Morristown, Nutley and Lawrence Township. As a result, we are able to serve all of the nursing home abused residents throughout the state.
Families in the Trenton and Lawrence Township area can turn to the New Jersey Long-Term Care Ombudsman Program – an independent state agency that advocates for the residents of long-term care facilities, including nursing homes.
PR&A Law has achieved significant results in nursing home negligence cases. For example, our firm recently settled a wrongful death case for $750,000. The resident of a New Jersey nursing home was deprived of necessary medication. While every case is different, prior results demonstrate the importance of thorough investigation and aggressive advocacy.
Steps to Take Right Now if You Suspect Abuse or Neglect
If you believe a loved one is being harmed in a New Jersey nursing home, take these steps immediately:
- Document all visible injuries with dated photographs.
- Write down a detailed account of everything you have observed, including dates and staff names.
- File a written complaint with the facility’s management and keep a copy.
- Report your concerns to the New Jersey Department of Health or the Long-Term Care Ombudsman.
- Contact an experienced New Jersey nursing home abuse attorney as soon as possible.
Frequently Asked Questions
Q: What is the most important evidence in a nursing home lawsuit?
A: Medical records and care logs are often the most critical evidence, but the strongest cases combine multiple types: photographs of injuries, incident reports, state inspection records, witness statements, and expert testimony. Each type of evidence supports and reinforces the others. The more comprehensive your documentation, the more compelling your case becomes.
Q: How long do I have to file a nursing home lawsuit in New Jersey?
A: In New Jersey, personal injury lawsuits, including nursing home abuse and neglect claims, must generally be filed within two years of the negligent act or within two years of discovering the injuries. Because evidence can disappear and witnesses can become unavailable, it is important to consult with an attorney as soon as you suspect a problem. Missing the statute of limitations deadline can mean losing your right to seek compensation entirely.
Q: Can a nursing home be held liable even if a single staff member was responsible?
A: Yes. In many nursing home abuse cases, the facility itself can be held vicariously liable for the actions of its employees. If the abuse resulted from the nursing home’s failure to properly hire, train, or supervise its staff, or from chronic understaffing that left residents without adequate supervision, the facility bears legal responsibility. Our attorneys investigate both the individual acts and any systemic failures that enabled the abuse.
Q: What compensation can a nursing home abuse victim recover in New Jersey?
A: A nursing home abuse victim in New Jersey may be entitled to compensation for medical expenses related to the injuries, disability, pain and suffering, and diminished quality of life. In cases of wrongful death, surviving family members may also have the right to pursue a wrongful death claim. The specific value of a claim depends on the circumstances and severity of the injuries, which is why speaking with an experienced attorney is so important.
Q: Does it cost anything to speak with a PR&A Law nursing home abuse attorney?
A: No. Pellettieri Rabstein & Altman reviews nursing home abuse and neglect cases at no charge and with no obligation. If the firm takes your case, there are no out-of-pocket costs to you. Attorney fees are contingency-based, meaning PR&A Law only gets paid when you receive compensation. If the firm does not win your case, you owe nothing.
Contact PR&A Law for a Free Case Review
If you believe that a loved one has been abused or neglected in a New Jersey nursing home, the experienced attorneys at Pellettieri Rabstein & Altman can assist you. With almost 100 years of experience fighting against powerful institutions to protect the rights of individuals, the nursing home abuse and neglect attorneys at PR&A are prepared to aggressively and effectively litigate your case.
Our Trenton, Cherry Hill, Morristown, Nutley, and Lawrence Township law offices are conveniently located throughout New Jersey to better serve the needs of our clients and their families. To schedule a free and no-charge case review, contact us today.
