Nursing Home Neglect Lawyer
Nursing home regulations and laws are put forth to protect elderly people who live in them, and New Jersey state helps to set these laws, as does the United States of America on a federal level. If you or your loved one experienced abuse or neglect and these regulations and laws are disregarded, reach out to a nursing home neglect lawyer in NJ, such as the ones available at Davis & Brusca, LLC.
The better you are able to understand your federal and state regulations that surround nursing homes the better you and your nursing home neglect lawyer in NJ can protect your loved ones that rely on caretakers. But to do that you need to know some of the abuse laws that protects nursing homes and your loved one’s rights.
Federal Nursing Home Abuse Laws
Congress passed a Nursing Home Reform ACt in 1986 that offered protection to all seniors in all states. It outlines the services that nursing homes must provide as well as the standards they expect everything to be fulfilled too. The Act calls for regular assessments of each resident with detail and individual plans laid out to fulfill the residents health safety.
The Act further states:
- Residents must be free from abuse, mistreatment or neglect.
- The residents must have their privacy.
- They must be free from restraints.
- They must be allowed to participate in resident and family councils if they wish.
- Residents must have medical, physical, psychological and social needs met.
- They must be treated with dignity.
- Residents are allowed to have self-determination.
- Residents may communicate freely.
- Residents may participate in the care plan that’s set out for them by staff.
- They may voice their grievances without discrimination or discipline for doing so.
The Act requires states to do unannounced surveys and resident interviews every fifteen months to evaluate the quality of care, quality of life and provided services. Enforcement proceudres include the training of staff, plans for correction of wrongful behavior, monitoring by the state, civil monetary penalties and more. All of this will be enforced by the Health Department of New Jersey.
Sadly, the Act alone does not ensure that residents are not abused. The act is supposed to give nursing homes and other assisted living facilities consequences if they do not follow the rules however there are always ways around these types of things. Reaching out to a nursing home neglect lawyer in New Jersey can help you a lot if your loved one is experiencing neglect.
New Jersey nursing home abuse laws are very similar to the federal laws of the act. However nursing homes in New Jersey do have their own state laws that they must abide by in addition to the federal rules. New Jersey believes that residents have the right to a decent environment and considerate and respectful care that will recognize her dignity and individuality. They also realize you have the right to manage your financial affairs unless you are authorizing the home to do it for you. The state of New Jersey also believes you have the right to your own position in obtaining care about your medical diagnosis participating in your care, the right to wear your own clothing, keep your property and send and receive mail without it being opened. This is not an exhaustive list but it does give you an idea that New Jersey state really cares about their residence and ensuring their right as a human being are continue to be met even if they are in a nursing home.