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Nursing Home Negligence
Our Experienced Attorneys are here to Help
While nursing homes are supposed to look after and care for our loved ones, there are instances of negligence that lead to unwarranted circumstances such as injuries and loss of life. At a time like this, it’s only fair that you seek compensation for your damages.
Common Nursing Home Neglect/Abuse Cases
Legal cases that involve nursing homes and their patients typically fall under one of three categories.
- Negligence. This involves being negligent, providing substandard care, or failing to provide treatment, medication, hydration, or food.
- Abuse. This may come in the form of mental, physical, or sexual abuse. Verbal abuse, harassment, humiliation, and threats also fit the bill.
- Medical malpractice. This may include failing to treat a condition that leads to a patient’s worsening health or death, misdiagnosis, and more.
Rights of Nursing Home Residents
Nursing home residents in New York have various rights to safeguard their interests These include, but do not limit to:
- Dignity and respect
- Comfortable living conditions
- No discrimination in quality of care
- Freedom of choice
- Freedom to make decisions
- Privacy in communications
- Receive visitors at any time
- Make their own schedule
- Know of services and fees in advance
- Appeal to the NY Department of Health for a transfer/discharge
Warning Signs of Physical Abuse
If someone you love is in a nursing home and is not in a position to clearly state if any type of abuse is taking place, you may look for signs to determine the same.
- Bedsores/pressure ulcers
- Broken bones
- Burns, bruises, cuts, or welts
- Malnutrition or dehydration
- Poor hygiene
- Fatigue or insomnia
- Infection
- Illness
- Weight loss
What Do Numbers Say?
Data released by the World Health Organization (WHO) suggests that one in three older people has been a victim of abuse at nursing homes. It also states that two out of three staff members it surveyed claimed that they had neglected or abused their residents. A 2012 study shows that there has been at least one report of neglect or abuse from around 85% of all assisted living facilities. However, this number could be significantly higher because the Office of Inspector General (OIG) found that five states did not report over 95% of nursing home abuse cases to law enforcement agencies, as is legally required.
Filing a Claim Against a Nursing Home
If you plan to file a claim of negligence against a nursing home, you will need to prove that the facility faltered in its care, its negligence resulted in a breach of duty, the negligence resulted in an injury or loss of life, or the negligence led to monetary damages. Since doing this often requires paying attention to different legalities, getting an attorney to handle your case might be in your best interest.
How We Can Help
We are of the opinion that our elderly deserve the utmost care and respect. If negligence on the part of a nursing home has left you or a loved one injured or harmed in any other way, we believe you should get due compensation. We have helped our clients receive damages for medical bills, pain and suffering, wrongful death, and more.