Statute of Limitations
- 2 years. (N.J. Stat. Ann. §2A:14-2)
Damages Cap
- Punitive damages are capped at five times compensatory damages or $350,000, whichever is greater. (N.J. Stat. Ann. §2A:15-5.14(b))
Statute of Limitations
- 2 years from the date of death. (N.J. Stat. Ann. §2A:31-3)
Damages Cap
- No punitive damages on wrongful death cases. Punitive damages may be pursued on survivorship claims. (N.J. Stat. Ann. §2A:15-5.14(b))
- Adult Protective Services Act – (N.J. Stat. Ann. §§52:27D-406 – 426)
- Suspicion of Abuse or Exploitation of Resident of Residential Health Care Facility – (N.J. Stat. Ann. §30:1A-3)
- Abandonment, Neglect of Elderly Person, Disabled Adult – (N.J. Stat. Ann. §2C:24-8)
- N.J.S.A 30:13-5. Nursing Home Residents’ Bill of Rights
Ray Mullman at the South Carolina Nursing Home Blogrecently wrote about one of the most progressive piece of legislation passed in years-- the mandatory use of pressure relieving mattresses in New Jersey Nursing Homes to help prevent the development of bedsores.
Unlike normal spring-filled mattresses, pressure relieving mattresses steadily inflate and deflate to reduce the amount of pressure and friction put on bony parts of the body prone that are prone skin break-drown and ultimately development of bedsores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers).
Without proper staffing, even the most modern nursing homes are nothing more than buildings with beds. Knowledgeable and plentiful staff has always appeared to improve patient morale, but a new study determines that added staff may actually save lives.
The Journal of Health Services Research compared the outcomes from 1.1 million people who had general surgical procedures performed at more than 800 hospitals in California, New Jersey and Pennsylvania. Of the three states, patients in California fared the best.
Mark this post. Look at this news story from New Jersey. A year from now this will be a common theme amongst nursing homes and long-term care facilities throughout the country... we are seeing just the beginning of this trend to make nursing homes and long-term care facilities as profitable as possible in the face of slimming budgets and corporate ownership.
Its no secret that Medicare and private-pay residents are far more lucrative for facilities that Medicaid recipients. As budgets for nursing homes and long-term care facilities begin to tighten and people live longer than ever, it only a matter of time before facilities evict those less lucrative residents.
The face of the typical nursing home resident is changing --- and becoming less wrinkled. Today, more young people are entering nursing homes and long-term care facilities in their 30's and 40's. More than 15% of nursing home residents nationwide are under 65 compared with 12.3% under 65 in 2003.
The number of younger nursing home residents is expected to grow as our society continues to have inadequate facilities to care for younger people who require extensive care and rehabilitation. Young people with traumatic brain injuries, extensive orthopedic injuries and chronic disease have few alternatives to traditional nursing home care.
A colleague sent me this disturbing video of anadvanced pressure sore. A fair warning, this video is graphic and disturbing. However, the reality is that pressure sores are a problem effecting individuals innursing homes, hospitals, and long-term care facilities and can not be ignored.
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the …