What are the Standards of Care for Nursing Homes in NJ?

You’ve entrusted a nursing home with the care of your loved one, and you should expect a safe, respectful, and nurturing environment. Unfortunately, violations of care standards can lead to serious harm. Thankfully, New Jersey law has regulations that govern nursing home operations, and understanding these standards can help you recognize potential abuse or neglect and put a stop to it. 

What Laws Govern Nursing Home Care in New Jersey? 

In New Jersey, nursing homes are governed by both state regulations and federal laws designed to protect residents from harm. These include: 

The New Jersey Administrative Code § 8:39 

This code lays out the “Standards for Licensure of Long-Term Care Facilities.” These rules govern everything from staffing levels and medication administration to meal service, cleanliness, infection control, and the use of restraints. Facilities must meet these standards to remain licensed by the New Jersey Department of Health. 

A few key care standards under N.J.A.C. 8:39 include: 

• Adequate Staffing: facilities must employ enough licensed and unlicensed staff to meet the residents’ medical, physical, emotional, and social needs 24/7. 
• Nursing Services: every facility must provide ongoing nursing assessments, develop individualized care plans, and adjust care as conditions change. 
• Accident Prevention: homes must provide a safe environment to minimize risks of falls, infections, and other avoidable injuries. 
• Staff Training: employees must receive proper training in resident care, abuse prevention, and emergency response. 

New Jersey’s Nursing Home Bill of Rights – N.J.S.A. 30:13-1 to 30:13-12 

This statute outlines specific rights guaranteed to every nursing home resident. These rights are not just symbolic; they are enforceable, and facilities that violate them can be sued. 

The Nursing Home Residents’ Bill of Rights includes: 

• The right to be free from physical or mental abuse 
• The right to confidential medical treatment 
• The right to manage one’s own finances or appoint someone to do so 
• The right to see visitors and to be informed about services and charges 
• The right to be fully informed about one’s medical condition and treatment options 

If you believe any of these rights are violated, you may have legal standing to bring a nursing home abuse lawsuit. 

What Is Considered Nursing Home Abuse or Neglect?

Nursing home abuse typically involves intentional acts that cause physical, emotional, sexual, or financial harm. In many cases, it is subtle and ongoing, leaving vulnerable residents afraid to speak up. 

Nursing home neglect often stems from carelessness, understaffing, or a systemic failure to meet a resident’s basic needs. It may not be deliberate, but that does not make it any less dangerous. In fact, chronic neglect can be just as life-threatening as outright abuse. Failing to provide proper medical care, assist with hygiene, or monitor mobility risks can lead to preventable conditions such as bedsores, infections, broken bones, and malnutrition. 

In both cases, the underlying issue is the same: the nursing home has failed to provide the standard of care required under New Jersey law. Whether the harm was caused by a violent staff member or an overwhelmed, poorly trained workforce, the facility can and should be held legally accountable. 

Nursing home abuse can be: 

• Physical: hitting, slapping, improper use of restraints, or unnecessary roughness 
• Emotional: yelling, threats, humiliation, or isolation 
• Sexual: any unwanted sexual contact or behavior 
• Financial: stealing money, forging checks, or coercing residents into changing wills or financial documents.

Nursing home neglect refers to: 

• Failure to provide food or hydration 
• Not helping residents with hygiene 
• Ignoring medical needs 
• Allowing dangerous conditions (wet floors, broken railings) 
• Letting residents wander or fall repeatedly 

The Common Signs of Abuse and Neglect in NJ Nursing Homes 

Being able to recognize the warning signs is the first step in protecting your loved one. 

Look out for: 

• Unexplained bruises, fractures, or cuts 
• Bedsores or pressure ulcers 
• Rapid weight loss or signs of dehydration 
• Poor hygiene or soiled bedding 
• Withdrawal, anxiety, or sudden mood changes 
• Fearfulness around specific staff members 
• Missing personal belongings or unusual bank activity 

If you notice these signs, trust your instincts. You have every right to ask questions and demand answers. 

What Are the Legal Grounds for a Personal Injury Lawsuit Against a Nursing Home? 

When a nursing home violates care standards and a resident is injured or dies as a result, the facility (or its parent company) can be held liable in a civil personal injury lawsuit. You may be able to recover damages for:

• Medical expenses resulting from the abuse or neglect 
• Pain and suffering experienced by the resident 
• Emotional distress to both the resident and family 
• Wrongful death damages, if abuse or neglect caused the resident’s death
• Punitive damages, in cases of gross negligence or intentional harm 

To prove your case, you’ll need to show: 

• The facility owed your loved one a duty of care under NJ law 
• That duty was breached by action or inaction 
• That the breach directly caused harm (physical, emotional, financial) 
• That damages (expenses, suffering, loss) resulted from the harm 

What Should You Do if You Suspect a Violation? 

First, take photos, write down dates, gather witness statements, and keep all medical records. This evidence will be crucial in proving your case. Next, file a report with The New Jersey Department of Health. If you believe your loved one to be in immediate danger, call the police. 

Finally, contact a personal injury attorney. No one deserves to spend their final years in fear, pain, or neglect. New Jersey law is clear: nursing homes must provide care that preserves the dignity, health, and safety of every resident. When those standards are violated, families have both the right and responsibility to act. 

At Eichen Crutchlow Zaslow, our nursing home abuse lawyers are compassionate, experienced, and able to help you understand your options. Take the first step toward justice today — contact our team for a free consultation.