A stained sweater, an unexplained bruise, or a sudden change in your loved one’s behavior can leave you wondering what is happening at their nursing home. If you suspect abuse or neglect in New Jersey, the resident is generally the person who can bring a claim. A family member may be able to act for the resident, but being a spouse, child, or other relative does not, by itself, give someone authority to file.

Who can bring the claim depends on whether the resident can make decisions, whether someone has been legally authorized to act for them, and whether the resident has died.

Key Takeaways: Who Is Eligible to File a Nursing Home Abuse Lawsuit in New Jersey?

• A nursing home resident may bring a claim for abuse, neglect, or a violation of their legal rights.
• A relative does not automatically have authority to sue on the resident’s behalf.
• A guardian or someone acting under a valid power of attorney may be able to take steps toward a claim, depending on their authority and court requirements.
• After a resident dies, the person who files depends on whether the claim is a surviving claim, a wrongful death claim, or both.

Who Can File a Nursing Home Abuse Lawsuit in New Jersey?

The resident is usually the person whose rights were violated and who has the right to pursue a claim. New Jersey’s Nursing Home Responsibilities and Rights of Residents Act protects residents’ privacy, dignity, ability to raise grievances, and right to a safe and decent living environment with considerate care. Under N.J.S.A. 30:13-8, a person whose rights under the Act are violated may bring a civil action.

A claim may also arise from negligent care or abuse that injures the resident. For example, records concerning repeated falls, untreated pressure injuries, or missed medication may help show what happened and how the resident was harmed. The facts determine which legal claims may apply.

If the resident can make their own decisions, family members can support them by documenting concerns and helping them find information. The decision to pursue the resident’s claim remains with the resident.

Family Support and Legal Authority

A daughter who visits every day may be the first to notice a problem. A spouse may speak regularly with the facility about care. Those roles matter, but neither relationship automatically authorizes that person to file a lawsuit for the resident.

Legal authority may come from a court appointment or a valid power of attorney. The scope of that authority matters. So does the type of claim: a person acting for a living resident has a different role from someone appointed to handle a claim after the resident’s death.

You do not need authority to file a lawsuit to raise a concern about care. The New Jersey Department of Health accepts complaints about nursing homes from residents, family members, employees, and other members of the public. The New Jersey Long-Term Care Ombudsman also accepts complaints made by or on behalf of residents and investigates concerns involving abuse, neglect, and residents’ rights. Reporting a concern is separate from bringing a civil lawsuit.

How Can Someone Act for a Resident Who Cannot Make Legal Decisions?

A dementia diagnosis alone does not establish who has authority to pursue a claim. The resident’s ability to make the decision, any existing legal documents, and any court orders need to be considered.

A court-appointed guardian may represent a resident who has been adjudicated incapacitated, subject to the scope of the appointment and applicable court rules. If the resident has a valid power of attorney, the person named as attorney-in-fact may be able to arrange legal action if the document grants the necessary authority. Holding a power of attorney does not allow a nonlawyer to act as the resident’s lawyer in court.

If you are unsure what authority you have, review the power of attorney or guardianship order before assuming you can file. In some circumstances, a court may need to appoint someone to represent the resident’s interests in the case.

Who Can File if the Nursing Home Resident Has Died?

A resident’s death does not necessarily end a claim arising from harm they experienced while alive. It may also give rise to a wrongful death claim if the alleged wrongdoing caused the death. These are different claims, and New Jersey law identifies who may bring each one.

Under New Jersey’s Survivor’s Act, an executor, administrator, or administrator ad prosequendum may pursue a qualifying claim the resident could have brought while living.

A wrongful death action is brought in the name of an administrator or administrator ad prosequendum. If the resident left a will that has been probated, a qualified executor named in the will, or an administrator with the will annexed, may bring the action.

This is why being the resident’s child or spouse is not, by itself, enough to identify who should file. The appropriate appointment and the nature of the claim must be established.

What Evidence Can Help Support a Claim?

Concerns often start with something a family member observes during a visit. Write down what you noticed, when it happened, and what staff said. Photographs of injuries or unsafe conditions, messages about changes in care, and the names of potential witnesses may also be useful.

Depending on the issue, relevant records may include medical records, care plans, nursing notes, medication records, incident reports, and hospital discharge papers. These can help establish what care the resident needed, what care was documented, and what harm followed. Access to a resident’s private records depends on the resident’s consent or other legal authority.

Families can also review inspection information through Medicare’s Care Compare for participating nursing homes. An inspection history may provide context, though it does not prove what happened to an individual resident.

What Compensation May Be Available?

The answer depends on the claim and the harm that can be proved. A resident’s claim may involve additional medical expenses, pain, or other losses caused by abuse or neglect. A surviving claim may address losses the resident experienced before death. If the wrongdoing caused the resident’s death, a wrongful death claim may address qualifying financial losses to eligible survivors, as well as certain medical and funeral expenses.

New Jersey’s Nursing Home Responsibilities and Rights of Residents Act also permits a civil action for violations of rights protected by that Act. Available remedies depend on the evidence and the legal basis for the claim; an injury or poor outcome alone does not establish that every type of damages is available.

Frequently Asked Questions

Can I file a lawsuit for my parent if I am their health care decision-maker?

Authority to make health care decisions does not necessarily include authority to bring a lawsuit. The documents granting you that role, any guardianship order, and the applicable court requirements should be reviewed before filing.

Can I report suspected neglect if I am not authorized to sue?

Yes. You may report concerns to the New Jersey Department of Health or the Long-Term Care Ombudsman even if you are not the person authorized to bring a civil claim. If the resident is in immediate danger, seek emergency help.

What if I suspect abuse but do not have proof yet?

You can raise a concern without first gathering enough evidence for a lawsuit. Keep a record of what you observed, including dates, photographs when appropriate, and the responses you received. A complaint or investigation may help establish what happened.

Brandon J. Broderick Can Help You Find the Right Starting Point

When explanations for a loved one’s injuries or changes in care do not add up, it can be hard to know whom to ask or what to do first. Brandon J. Broderick, Attorney at Law, can review your concerns, help identify who has authority to act, and explain whether a legal claim may be available. Contact us today.