Nursing home negligence is a growing concern, especially as the elderly population continues to rise. Families entrust nursing homes with the care of their loved ones, expecting a safe and dignified environment. Unfortunately, not all facilities uphold the required standard of care, leading to neglect, injuries, or even wrongful death.

If you suspect negligence in a New Jersey nursing home, proving your case requires substantial evidence and an understanding of state-specific laws. This article outlines the steps to take in order to establish nursing home negligence and seek justice for affected residents.

Understanding Nursing Home Negligence

Negligence occurs when a nursing home or its staff fails to provide reasonable care, resulting in harm to a resident. Unlike abuse, which is intentional, negligence stems from carelessness, understaffing, or systemic issues within a facility. Common forms of negligence include:

• Medical neglect – Failing to provide necessary medications, treatments, or medical attention for conditions such as bedsores or infections.
• Basic needs neglect – Withholding food, water, or a clean environment, leading to malnutrition or dehydration.
• Hygiene neglect – Failing to assist residents with bathing, changing clothes, or maintaining personal hygiene.
• Emotional neglect – Ignoring residents, leaving them socially isolated, or failing to address complaints.
• Unsafe living conditions – Poor facility maintenance, inadequate security, or hazardous environments leading to falls or injuries.

Legal Elements Required to Prove Negligence

To establish nursing home negligence in New Jersey, the following legal elements must be proven:

Duty of Care – The facility had a legal obligation to provide a reasonable standard of care to the resident. Nursing homes must comply with both federal and state regulations to ensure residents’ well-being.

Breach of Duty – The nursing home failed to meet the expected level of care, whether due to untrained staff, lack of supervision, or unsafe conditions.

Causation – The resident’s injury or harm directly resulted from the facility’s failure to uphold its duty. There must be a clear link between the negligent actions and the resident’s suffering.

Damages – The resident suffered physical, emotional, or financial harm due to the negligence, warranting compensation.

Steps to Prove Nursing Home Negligence

1. Document the Resident’s Condition

Keeping detailed records is one of the strongest ways to build a case. Families should note changes in their loved one’s health, unexplained injuries, or signs of distress. Photographs of injuries, poor living conditions, or unclean environments serve as compelling evidence.

2. Obtain Medical Records

Medical documentation is essential in proving that negligence led to harm. Records showing untreated infections, medication errors, malnutrition, or bedsores help establish patterns of neglect. Seek an independent medical opinion if necessary to validate suspicions.

3. Gather Witness Testimonies

Statements from other residents, visitors, or former employees can provide insight into systemic negligence. If multiple individuals report similar issues, it strengthens the claim that the facility has a pattern of misconduct.

4. Review Facility Inspection Reports

The New Jersey Department of Health regulates nursing homes and conducts routine inspections. Families can access reports detailing violations, complaints, or past citations against the facility. A history of infractions may support claims of negligence.

5. Consult Surveillance Footage

If available, security camera footage can reveal neglect, lack of supervision, or improper handling of residents. Facilities may resist sharing footage, but an attorney can request access during legal proceedings.

6. Identify Staffing Issues

Understaffing is a top cause of nursing home negligence. If the facility lacks enough trained caregivers, residents may suffer from delayed care, medication errors, or unmonitored falls. Investigating staff-to-resident ratios and employee qualifications can highlight deficiencies.

7. File an Official Complaint

Families can file a complaint with the New Jersey Long-Term Care Ombudsman or the Department of Health. These agencies investigate claims and may uncover additional evidence of neglect.

Legal Recourse for Nursing Home Negligence in New Jersey

Victims of nursing home negligence have several legal options, depending on the severity of the harm:

• Personal Injury Lawsuit – If negligence resulted in injuries, residents or their families are able to seek compensation for medical fees, pain and suffering, and emotional distress.
• Wrongful Death Lawsuit – If negligence led to a resident’s death, surviving family members can pursue legal action for funeral costs, loss of companionship, and related damages.
• Administrative Complaints – State agencies may impose fines, revoke licenses, or mandate corrective actions against negligent facilities.

New Jersey law also provides protection under the Nursing Home Residents’ Bill of Rights, which guarantees residents the right to quality care, dignity, and protection from neglect. Violations of these rights may serve as the basis for a lawsuit.

Statute of Limitations for Nursing Home Negligence Claims

New Jersey has a two-year statute of limitations on all personal injury and wrongful death claims related to nursing home negligence. This means families must take legal action within two years of discovering the negligence. However, exceptions may apply in cases where neglect was ongoing or not immediately evident.

Conclusion

Proving nursing home negligence in New Jersey requires gathering solid evidence, understanding legal obligations, and taking decisive action. By documenting harm, obtaining medical records, and consulting legal professionals, families can hold negligent facilities accountable.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced nursing home abuse lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.