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Don’t Deal With the Insurance Company Alone. Call David A. DiBrigida Today!

Our parents and grandparents are deserving of nothing but the finest. Unfortunately, the reality of aging in America often necessitates entrusting our elders’ care to others, which for millions of families means a nursing facility.
It’s impossible to overestimate the weight of duty that a nursing home has when it accepts the care of those who reared us. Seniors in New Jersey are entitled to respect, compassion, dignity, safety, and effective care. It is never justifiable for a nursing home or a health care practitioner to deny people such basic rights.
Unfortunately, nursing home abuse and neglect are common in New Jersey, with many of our state’s nursing facilities receiving poor ratings for resident satisfaction, safety, and overall care. Despite the fact that families sometimes pay hundreds of thousands of dollars out of pocket each year only to keep their loved ones at the facility.
Nursing home incompetence is utterly reprehensible in any case, according to our New Jersey nursing home abuse lawyers at David A. DiBrigida, LLC. We’ve pledged to fight for the rights of New Jersey’s seniors and their families, and we’ll hold negligent nursing facilities accountable for the pain and suffering they inflict.
We handle a wide range of issues as nursing home abuse attorneys in New Jersey. Some cases feature healthcare workers who make an accidental error that has significant or even fatal implications for their patients. Others feature terrible examples of indifference. In certain circumstances, there is even flagrant abuse.
Nursing facilities are held to extremely high standards under state and federal law. If you or a loved one is presently residing in a New Jerseynursing home, it is critical to be aware of your rights, which may include a variety of state and federal requirements.
You are not alone if you believe your nursing home is failing to fulfill its legal obligations or treating your loved one unjustly. Even in the twenty-first century, this is a very prevalent issue. Every day, families in New Jersey are astounded to learn of the heinous negligence and outlandish conduct that can be found in today’s New Jersey nursing homes.
If you want legal assistance, make sure it is provided by experts who are well-versed in the legal nuances involving nursing home negligence. David A. DiBrigida, LLC, a New Jerseynursing home abuse law firm, may assist you.

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Advocating for Victims of Nursing Home Abuse Since 1995

The firm’s continued dedication in advocating for their clients has led to the recovery of millions of dollars from negotiated settlements and court-awarded damages. It’s impossible to guarantee results because each case has distinctive characteristics, but our team will advocate for you, and do our best to build a strong case against liable parties to obtain the best outcome for your individual situation.

The legal team at David A. DiBrigida has more than 30 years of experience helping injured clients recover the compensation they deserve for losses related to car accidents and injuries caused by negligent parties.

What Are a Nursing Home Resident’s Rights in New Jersey?

In New Jersey, what are the rights of nursing home residents?
Residents of nursing homes in New Jersey have a number of essential legal rights under New Jersey law.
If you live in a nursing facility in New Jersey or receive care there, you are normally entitled to the following:
  • To be treated with respect and decency
  • To protect one’s privacy
  • To obtain healthcare that is of high quality, safe, and responsible.
  • To be able to handle your own finances
  • To keep custody and control of your own belongings.
  • refusing to take any meds
  • Refusing to get any medical care
  • The ability to set your own timetables
  • To engage in social interactions and activities that you enjoy.
  • To be fully free of physical, sexual, and neglect abuse.
  • To be free of all forms of emotional abuse, harassment, exploitation, or intimidation.
  • To be fully free of physical restriction or corporal punishment
If any of these rights have been violated, as they have been for so many other nursing home patients, you may be entitled to significant financial compensation. In addition, the nursing home employees, management, or residents who are responsible for your losses may face serious criminal charges.
Our experienced New Jersey nursing home abuse attorneys at David A. DiBrigida, LLC can assist you better understand your rights under federal and New Jersey  law.

Nursing Home Negligence: What You Need to Know

Nursing homes and the professionals who work for them may be held accountable for any physical injuries you sustain as a consequence of their negligent conduct, inaction, or violations of professional standards or the law.
The following are some examples of nursing home negligence:
  • Medication administration errors (underdose, overdose, providing the wrong medication, missed doses, etc.)
  • Errors in prescription writing or filling
  • Mistakes committed during medical treatments that are potentially fatal
  • Failure to carefully follow a doctor’s or pharmacist’s directions
  • Administering drugs in the incorrect manner
  • Failure to monitor, identify, or treat warning signs or symptoms
  • Allowing hazardous situations to exist, such as those that might result in a slip and fall or any other type of injury.
  • Inadequate security at the nursing home, which leads to criminal behavior.
  • Allowing a person to wander aimlessly away from home and get disoriented
  • Allowing access to potentially hazardous or restricted places
  • Failure to seek emergency medical help as soon as possible
  • Failing to respond to a resident’s expressed complaints or any other known issues
  • Failure to check and monitor the nursing home on a regular basis to discover health and safety issues
  • Serving potentially hazardous, tainted, or expired food, as well as food that may induce allergic responses.
There are several different types of nursing home neglect. These are only a few samples of the most prevalent ones. If you believe that negligence was a factor in your nursing home stay, please call David A. DiBrigida, LLC as soon as possible.

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David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

How did you become hurt?

We understand how frustrating it can be to deal with an injury and the financial consequences that come with high medical expenses. No one should have to go through losing their capacity to work as a result of an injury and being harassed or disregarded by their insurance company.
A New Jersey personal injury lawyer from David A. DiBrigida may be able to assist you in recovering your damages, regardless of how you were hurt.

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Understanding Nursing Home Abuse & Neglect

Nursing home abuse in the twenty-first century is so appalling that some people find it hard to believe. Unfortunately, family members sometimes disregard their loved ones’ complaints as irrational.
We are here to warn you, as experienced New Jersey nursing home abuse attorneys, that nursing home abuse is a very serious problem. It occurs all the time. Often. Right here in the state of New Jersey. And the only way to put a stop to it is to pursue vigorous legal action, which might include both criminal and civil law. Our legal team can assist you.
Nursing abuse may take many forms, and it can lead to serious physical harm, mental misery, humiliation, and even death.
Seniors are frequently hesitant or afraid to admit that they have been abused. Look for warning indicators on a regular basis. Do not be hesitant to inquire. If you have any suspicions, please contact us for more assistance.
Abuse is not tolerated by us. Our New Jersey nursing home abuse attorneys will help you put a stop to it. We can even assist you in finding a better home for your loved one (as well as more effective treatment).
The following are examples of common kinds of abuse:

Physical assault

Physical abuse can include sexual assault, kicking, hitting, pushing, rough handling, or any other unwanted or offensive physical contact with the resident. Common signs include fractures, falls, bruises, cuts, head injuries, and abnormal wounds or injection sites.

Neglect of basic care

Abusing residents who are unable to care for themselves is a type of abuse in and of itself. Failure to change bedpans, brush residents’ teeth, change their diapers or clothing, clean soiled bedding, wash their hair, or promote activity to prevent skin lesions and muscular atrophy are examples. Neglect might also take the form of social isolation. Bedsores, poor hygiene, foul breath, loneliness, filthy clothing or linens, and repeated illnesses are all common indications of nursing home abuse.

Emotional abuse

Emotional abuse is perhaps the most common kind of nursing home abuse. It may involve intimidating residents, harassing them, verbally taunting or insulting them, communicating threats, isolating residents from the community or from their family members, shouting, using expletives in a hurtful manner, denying residents the activities or hobbies of their choosing, and much more. Look for changes in a resident’s demeanor. Depression, dejectedness, paranoia, isolation, or any other personality shifts may indicate nursing home abuse.

Financial abuse

Financial exploitation is another surprisingly common form of elder abuse. Dementia patients are especially vulnerable, though any senior can become the victim of financial abuse. Common culprits include nursing home staff members, other residents of the community, third-party visitors, and (sadly) the resident’s own friends, family members, or trusted advisors, including clergy.
The skilled New Jersey nursing home abuse lawyers at David A. DiBrigida have experience dealing with insurance companies, investigating accidents, and helping clients recover damages for their injuries. Let a qualified attorney handle the details of your case.

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David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

New Jersey Nursing Home Negligence FAQ

Approximately 20 percent of New Jersey are aged 65 and older. The number of people over 65 in our state is projected to grow from 4.5 million in 2020 to 6.5 million in 2040. As people age, many of them move to nursing homes. Sadly, however, far too many of New Jersey nursing homes provide inadequate or neglectful care. Here, we provide answers to frequently asked questions (FAQs) about nursing home negligence in New Jersey and the surrounding areas.

In legal terms, the word “negligence” refers to failing to exercise the standard of care a reasonably prudent person or party would exercise. Negligent parties are liable for injuries or deaths caused by negligent behavior. Everyone in a nursing home needs dignified and respectful treatment. Their medical needs must be met with a high level of quality. They need to receive adequate help with activities of daily living (ADL), such as walking, dressing, and bathing. The facilities must be clean, well-maintained, and safe. They need to have their personal space, privacy needs, and wishes respected. Nursing home residents have a right to their own property and possessions. They have the right to choose what activities they find pleasurable and want to engage in. Any care—or lack of care—that doesn’t conform to these needs and rights may constitute nursing home negligence. If, for example, a nursing home resident needs an assistive device to walk and isn’t routinely provided with one and helped to it if necessary, this could be an example of nursing home negligence. If the resident slips and falls in her room or the hallway, the nursing home may be liable for resulting injuries.

Many very different actions or lack of action can result in nursing home negligence, so no, it doesn’t center on any particular staff behavior. Any care that does not meet the standard of clean facilities, safe conditions, respectful treatment, and appropriate medical care could qualify.

Some examples follow, but this is by no means an exhaustive list:

  • Inadequate inspection and maintenance of facilities, allowing dangerous conditions to exist uncorrected, such as those that could make residents slip and fall or incur any other injury.
    Failure to establish and follow proper procedures for keeping residents free from infectious diseases
  • Inadequate cleanliness of facilities.
  • Failure to provide comfort, such as assistance in maintaining good hygiene.
  • Failure to provide residents with needed assistive devices, such as canes or walkers.
  • Failure to supervise patients properly, so they wander off and injure or otherwise harm themselves.
  • Failure to address reported concerns or any other known problems.
  • Errors in administering medication.
  • Errors in writing or filling prescriptions.
  • Failure to follow medical requirements, or mixing up medical records.
  • Mistakes made during medical procedures.
  • Incorrect administration of medication.
  • Failure to monitor, diagnose, or treat symptoms.
  • Failure to provide adequate security, so that criminal activity occurs in the nursing home.
  • Failure to block off access to dangerous or restricted areas.
  • Failure to ensure that patients receive adequate food and water.

Many different parties can bear responsibility for nursing home negligence. Potentially responsible parties include:

  • Individual staff members, for failing to discharge their duties properly.
  • Nursing home administrators and supervisors, for failing to adequately supervise staff, oversee resident care and life, or implement appropriate training and hiring procedures.
  • Medical personnel, for failing to discharge their duties properly.
  • Custodial staff, for failing to adequately maintain and repair the facility.
  • People who enter from the outside, such as those who intend to engage in criminal activity.
Frankly, identifying negligent behavior is difficult, for several reasons, and that’s why you want to call our nursing home lawyers to investigate your case.
  • First, it is sometimes difficult to distinguish negligent actions from proper actions, because residents are sometimes ill and encounter challenges in ADL and other activities. Is your loved one not getting better because the medical care is inadequate or negligent, for example, or simply because they have a difficult-to-treat condition? Did you loved one slip and fall in the shower because of negligence, or because older people are prone to slipping in the shower?
  • Second, some signs of negligence are very similar to signs of other conditions. If a resident isn’t getting proper care, or isn’t being treated well by a particular staff member, for instance, they may act withdrawn and shut down socially. But these responses can also mean the resident is anxious or depressed for another reason.
That said, there are some elements to look for when attempting to determine whether negligence is at play.  
  • Second, check your loved one’s hygiene. Are they bathing regularly? Do they look well cared for, with hair washed and brushed? Are their clothes and bed linens clean? Do they have access to water to drink that is in a safe place for them?
  • Third, tactfully examine your loved one for signs of harm or neglect, such as bruises, cuts, scars, or bed sores. If your loved one has fallen, they may have bruises (or pain if you touch them in a particular place). If you notice these symptoms, ask what happened.
  • Fourth, check your loved one’s medical reports, if available. What conditions does your loved one have, and how are they being treated? Talk to the physicians, the nurses, and the staff. Make sure the prescribed treatment is occurring. Make sure medications are correct, and that your loved one is receiving them as prescribed.
  • Fifth, eat with your loved one. Is the food well-prepared, adequate, healthful, and nutritious? If residents have food allergies, do the staff know about and accommodate them? Talk to your loved ones about the food as well. Are they happy with it? Do they have any complaints?
  • Sixth, observe interactions between the staff and your loved one. Look for any signs of negligence, such as failing to help your loved one appropriately or inattention to certain needs. Then, observe the personal interactions between your loved one and their caregivers. People who aren’t treated well, or who don’t trust the people around them, often show it by acting differently about the person they do not trust. They may display a difference in tone or other body language. If your loved one appears to experience fear or anxiety around caregivers, this may be cause for alarm. Discuss this with your loved one if you notice it.
  • Seventh, if your loved one is injured, suddenly becomes ill, or suffers other harm, check into the cause. Unfortunately, negligent nursing homes may try to protect themselves by providing an untrue explanation. In other words, you might hear that your loved one slipped and fell because she didn’t want to use her cane, when the fall actually occurred because an understaffed facility let her wander off alone.
Many negligent actions can result in harm to elderly residents. Dehydration, for example, can cause older people to become disoriented and agitated. Disrespect of their personal space and wishes, or other threatening behavior can cause them to retreat and become uncommunicative. Failures or errors in medical treatment can cause a sudden worsening of their physical condition.

If you suspect negligence is occurring, take steps to address it.

First, if the negligence results in a clear threat to a resident’s life or well-being, remove them from the facility immediately. If it’s an emergency, call 911. Take them to a hospital for treatment, if necessary.

If it’s not an immediate threat, the second step is to take detailed notes about what you see. Write down the evidence of negligence, why you believe it is negligence, and the date and time. If your loved one has physical symptoms, take pictures. Take pictures of any injury or harm, as well. If the issue seems to stem from a specific person or people, document who they are, including their names and positions.

Third, make an appointment with the nursing home administrators to discuss your concerns. Some negligence results from inadequate training, supervision, or staffing. See if the administrators are open to your concerns and dedicated to making the condition right. Discuss specific solutions with them.

Fourth, follow up on the discussion. If the administrator promised your loved one would have a new staff attendant, for example, see whether that person was assigned. Did things improve? If food was a problem, does your loved one feel it improved?

Fifth, if the situation does not improve, be prepared to move your loved one to a different facility.

Finally, if the negligence concerns criminal behavior, do not try to deal with the situation yourself. If outside people, or even staff members, are stealing your loved one’s money, checkbooks, credit cards, or property, for example, that’s a crime. You can document it the same way you would document other negligence, by noting missing items and writing it down. But then, deal with it as you would a crime outside a nursing home: call the police.

Required reportingNursing homes are required by the federal government, specifically section 483.12 CFR, to report and investigate all allegations of neglect, abuse, exploitation, or mistreatment. This includes injuries for which the source is not known and misappropriation of a resident’s personal property.

Medical professionals are also required to report abuse caused by negligence. Some nursing journals have argued that nurses are well-positioned to report neglect, as they see patients most frequently.

At times, nursing home negligence can be elder abuse. The U.S. Centers for Disease Control and Prevention recognizes five types of elder abuse:

  • Physical abuse – Assaults or active harm, like hitting, scratching, pinching.
  • Emotional abuse – Belittling, criticizing, or frightening residents.
  • Sexual abuse – Including rape, unwanted touching, or forced watching of sexual activities.
  • Neglect – Failure to provide for a resident’s basic needs.
  • Financial abuse – Appropriation or misuse of a resident’s assets or property.

Nursing homes are mandated to report instances of abuse to the U.S. Centers for Medicare and Medicaid Services (CMS).

Unfortunately, though, nursing home abuse is notoriously underreported. Such reports can impact a nursing home’s reputation, as they are often made public. As a result, nursing homes have an incentive to suppress reports of abuse and to not make CMS reports.

Medical staff may not report abuse because they fear losing their position. Other staff may be reluctant to report out of a similar fear, or fear of reprisal.

Failure to report can also result from poor organization. First, supervisors and medical personnel may not witness negligence or abuse by staff members. Second, staff may not know about the reporting mandate, or be unclear about how to file a report.

If negligence is occurring because of poor organization, staff turnover, or inadequately trained and supervised staff, administrators may choose to focus on fixing these issues rather than reporting.

For all of these reasons, people whose loved ones are in a nursing home should be vigilant about watching for signs of negligence.

Anyone who is negligent and harms another person is legally liable for that harm. Nursing home negligence is no exception.

If you suspect that your loved one has been subject to nursing home negligence, it’s prudent to discuss the matter with an attorney. One avenue for recourse is through filing a personal injury lawsuit in civil court.

If you file a suit, your loved one can receive damages for:

  • Medical expenses and other economic losses
  • Pain and suffering and other noneconomic losses

Keep all of the notes and pictures you compiled when you suspect negligence. If you called law enforcement or spoke to nursing home administrators, keep records of those discussions as well. All of these things constitute evidence for a possible lawsuit.

If you need more information, contact our Fort Myers Nursing Home lawyers today.

Contact the New Jersey Nursing Home Abuse Attorneys at David A. DiBrigida

If you suspect that you or your loved one has been the victim of nursing home negligence, abuse, or neglect, please do not delay in seeking enforcement of your rights and the financial compensation you are owed. Aggressive legal representation can make all the difference.

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David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

Why Hire Us

Over 30 Years of Experience

We've been fighting for the rights of accident victims since 1995, and we wouldn't have it any other way.

Board Certified by the New Jersey Bar

New Jersey recognizes Attorney David A. DiBrigida's reputation for legal excellence. As a result, he upholds this prestigious title.

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Preparation is the key to a good case outcome. We get down with each client to have a better understanding of the personal injury issues they are facing.

You don't have to pay anything unless we win.

Because we operate on a contingency fee basis, our clients owe us nothing unless and until we win their case.

Helping those Injured in Accidents Across New Jersey

While we are proud to call New Jersey home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

We are here to help the residents of:

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