Nursing homes are responsible for hiring enough well-trained staff to adequately provide reasonable care for their residents’ needs. Poor staffing decisions can have a negative impact on the overall care of the residents.
Nursing home staffing issues that can lead to the neglect or abuse of the residents include:
- Negligent Hiring
- Understaffing
- Inadequate training
Many nursing home residents rely heavily on the care of the staff in order to maintain their quality of life. If it can be shown that a nursing home or its staff were negligent in their care for their resident they may be held liable for damages.
Negligent Hiring
Nursing homes are required to fully vet their staff to ensure that they are qualified for the position for which they are hired. It’s important that they make sure the staff they are hiring don’t have a history of violence or abuse. Failing to perform background checks on staff can put the residents at risk.
If a nursing home doesn’t perform the necessary background check to ensure the security of their residents they could be found to have acted negligently in their hiring practices.
Understaffing
Residents at long-term care facilities can have a wide range of medical conditions that require attention or medication. Not having enough staff can make it difficult to provide the necessary attention or medication in a timely manner.
Additionally, the increased workload compounded with low pay for the work being done can lead to physical and psychological illnesses. This can lead to the staff becoming stressed and not being able to perform their duties to the highest of their abilities.
If a resident is injured or dies due to a lack of staff to care for them a nursing home or long-term care facility may be held liable for damages.
Inadequate Training
Working at a nursing home can be difficult. Some residents can be uncooperative or have serious disabilities. Nursing home staff must be properly trained in order to care for these residents to the standards of the law and the expectations of their families.
What is Reasonable Training?
- Training on policies and procedures of the nursing home
- Emergency training
- Training on specific medical conditions of the residents
- Training on avoiding common accidents
Undertrained staff may not have the skills to care for residents properly which can lead to neglect or abuse. If a resident is injured due to poor training the nursing home may be held accountable for failing to properly train staff to care for the residents.
Warning Signs of Nursing Home Abuse
Nursing home residents are often too afraid or embarrassed to tell anyone about the abuse they are experiencing. It’s important to look out for any signs that a loved one may be being poorly treated or taken advantage of so you can seek legal counsel and report it to the proper authorities.
Possible signs of nursing home abuse include:
- Bruises or bleeding
- Bedsores
- Silence around caregivers
- Sudden financial struggles
- Malnutrition
- Unexplained illnesses or infections
Nursing Home Reform Act
To protect you and your loved ones the Nursing Home Reform Act was put into law to set the standard of care for nursing homes and long-term care facilities. This act requires nursing homes to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.”
A resident in a nursing home or long-term care facility has the right to:
- dignity, respect, and freedom
- privacy
- Information regarding services, fees, rules, and regulations
- voice grievances (without fear of retaliation)
- accept or refuse visitation from relatives, friends, doctors, etc.
- participate in their own healthcare and financial decisions
Nursing home laws and regulations are put in place to protect the residents. If a resident is being denied these rights, among others, the hospital may be held liable for neglecting to provide the appropriate care as required by the government.
DKR Nursing Home Abuse Lawyers in New Jersey
If you notice that a loved one has been the victim of neglect or abuse at a nursing home or long-term care facility hire a compassionate and experienced lawyer to help you form your case.
The lawyers at Dansky, Katz, and Ringold are experts in nursing home abuse cases. Contact us to talk about the details of your case and how we can help you receive the compensation you deserve.