Nursing Home Abuse and Assisted Living

Bergen County Attorney for Nursing Home & Assisted Living Abuse & Neglect

Trust RUSSO & KIECK to present your nursing home neglect or assisted living abuse case.

Located in Hackensack, New Jersey, we offer attorney services to clients throughout Northern New Jersey in Bergen, Passaic, Hudson, Essex Morris, and Union Counties including Midland Park, Rutherford, Englewood, Clifton, Saddle Brook, Park Ridge, Fort Lee, Ramsey, Paterson, Jersey City, Morristown and Elizabeth. Call us to schedule a consultation in our NJ office at 201-342-3100.

RUSSO & KIECK: An experienced team of nursing home abuse and neglect attorneys servicing Bergen, Passaic, Essex and Hudson County

We are an aging population.  The need for assisted living and nursing home care is growing rampantly.  So is the spiraling decline in the quality of care.  Nursing home violations can cause immediate jeopardy to the residents including serious harm or death, intentional abuse and exploitation.

Why is nursing home abuse and neglect so prevalent?  The simple answer may be corporate greed when the facilities  put “profits before people.”

Nursing home abuse and neglect litigation is different from medical malpractice litigation.  In medical malpractice, the focus is on what happened.  In nursing home abuse and neglect litigation, the focus is on why did it happen.  Many times, the answer to this question is that the facility is very profitable and cuts corners in providing services so that it could be more profitable.  As a result of cutting corners, the resident suffered a loss of dignity, injury, pain, a shortening of life and a loss of enjoyment of the remainder of the resident’s life.

New Jersey had adopted the “Nursing Home Bill of Rights” to protect residents.  Upon admission, the nursing home administrator is required to give each resident or his/her guardian, a written notice of this bill of rights. The administrator must also post this notice in a conspicuous, public place in the nursing home.

Some of the highlights of this Bill of Rights are:

  • The right to wear one’s own clothing;
  • The right to retain personal property in one’s own immediate living quarters;
  • The right to receive and send unopened correspondence and unaccompanied access to use of a telephone during reasonable hours and the right to have a private telephone at the resident’s expense;
  • The right to retain the services of one’s own personal physician;
  • The right to have visitation with any persons at any reasonable hour;
  • The right to a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident;
  • The right to confidentiality and privacy concerning ones’s medical condition and treatment;
  • The right to receive, upon request, food that meets the resident’s religious dietary requirements.

The New Jersey Nursing Home Bill of Rights provides for a direct cause of action for violations of the resident’s rights and allows for punitive damages and attorney’s fees.  Since the vast majority of nursing homes accept Medicare or Medicaid reimbursement, the Nursing Home Reform Act also known as the Omnibus Reconciliation Act if 1987 (OBRA) 42USCA 1396R is applicable. OBRA sets forth the standard of care in its regulations which are commonly referred to as “F” tags.  These regulations address such issues as staffing, nutrition, hydration, pressure ulcer prevention,  maintenance, personal hygiene, therapy, improper use of restraints, abuse, dignity, quality of life, activities of daily living etc..  These regulations are incorporated into the New Jersey Nursing Home Bill of Rights.

Lawyers handling all aspects of nursing home abuse, assisted living neglect, and other elder abuse in New Jersey.

Conveniently located directly across from the Bergen County Courthouse, Russo & Kieck attorneys handle all aspects of nursing home abuse, assisted living neglect and other legal considerations facing the elderly. Schedule a consultation by contacting us at 201-342-3100.


 

Protecting the Rights of the Injured
In Nursing Home Negligence Claims
Call (201) 342-3100