Residents of a nursing home are often more prone to suffering a heart attack as opposed to the general population. Because this risk is greater, the standard of care upheld by these facilities are generally expected to be higher as well.
If a resident of a nursing home perishes due to a poorly maintained automated external defibrillator (AED) or a malfunction during use, the family of the victim may consider working with a heart attacks in New Jersey nursing homes lawyer to fight for compensation from the nursing home. Call us today and let one of our seasoned premises liability attorneys fight by your side to achieve justice.
New Jersey’s AED Laws in Nursing Homes
New Jersey has upheld a strict policy in regard to AEDs. Under New Jersey Statutes §26:2H-12.26, a minimum of one defibrillator must be placed in an open area that is easily accessible and receive and proper maintenance by staff. The nursing home must also arrange and pay for staff to be trained in cardiopulmonary resuscitation (CPR) as well as in the use of the defibrillator.
Finally, the facility must inform local emergency first aid/rescue personnel of each defibrillator’s type and location. Failure to comply with any of these provisions may result in a potential lawsuit if an individual were to become seriously or fatally injured during a cardiac arrest.
Standards set in a nursing home tend to be generally higher since the elderly population residing there are often physically weak or chronically ill. As such, the availability of AEDs within a nursing home could determine whether the resident lives or dies. A heart attacks in New Jersey nursing homes lawyer understands AED requirements and could look for every advantage in your case.
Expectations of Care Within a Nursing Home
If a resident or resident’s family is paying to be provided with around-the-clock care, they should receive what was promised. According to New Jersey’s state act regarding defibrillators, the staff of a nursing home is mandated to undergo training to ensure each is capable of and comfortable with using an AED.
This may not always be the case, though, as some nursing homes focus more on cost-management instead of supplying their staff with the appropriate equipment and training. If the staff does not have an AED present within the facility, they must rely on the support of a rescue squad and basic cardiopulmonary resuscitation (CPR) in the event a resident suffers cardiac arrest.
One of the most crucial aspects of running a nursing home is proper training. If this training is not provided, nursing home staff members may be unable to spot symptoms of a heart attack, which may include:
- Stomach pain
- Shortness of breath
- Neck discomfort or tightness
- Severe anxiety
This may lead to irrational decision making, ignoring a resident’s symptoms, failing to address one’s pain, and other neglectful actions. Depending on the circumstances, the individual staff member, their supervisor(s), or the nursing home’s administrator(s) and/or owner(s) could be held civilly liable for any resulting injuries to patients.
Addressing Nursing Home Heart Attacks in New Jersey
When a resident of a nursing home suffers a heart attack and suffers permanent or fatal damage, it can leave the victim’s family with a great deal of emotional trauma and a variety of questions about what went wrong. If medical attention was not provided or an AED malfunctioned, a case may be prepared to hold the nursing home accountable for their actions.
If you lost a loved one in a nursing home due to an inappropriately handled heart attack, you may want to consider working with a heart attacks in New Jersey nursing homes lawyer to seek fair compensation for your loss. Call today to schedule a consultation and see what options may be available in your case.