Scores of Americans turn to nursing homes when their loved ones require additional care and support, hoping to provide them with a safe and nurturing environment. However, nursing home negligence is all too real and it may endanger the well-being of vulnerable residents. If someone close to you has suffered owing to nursing home negligence, it’s important to identify the cause and effect. You might also benefit by getting in touch with a nursing home negligence attorney.
Understanding Nursing Home Negligence
Nursing home negligence refers to the failure of a facility or its staff to meet the expected standard of care, resulting in harm to residents. Negligence may take place in different ways including physical/emotional abuse, medical/medication errors, neglecting basic needs, and inadequate supervision. These actions or omissions may lead to serious injuries, medical complications, emotional distress, and even loss of life.
Causes and Contributing Factors
Several factors contribute to nursing home negligence. These include inadequate staffing levels, high turnover rates, insufficient training, poor management, and a lack of oversight. Understaffing is a significant problem as it places an excessive burden on caregivers, leading to exhaustion and compromised care. In addition, some nursing home facilities prioritize profit over resident safety, resulting in cost-cutting measures that compromise the quality of care.
Do You Suspect Nursing Home Negligence?
People who come across nursing home negligence cases should ideally follow a few simple steps. Here’s what you need to do.
- Discuss it with the nursing home. The first step is to talk to the staff at the nursing home about your concerns. There’s a possibility they might be able to address your concerns in an effective manner.
- File a complaint with the state. If you’re not satisfied with the response from the nursing home, you may file a complaint with the state. In New York, the responsibility of examining reports concerning instances of resident abuse, neglect, mistreatment, and incidents that occur in nursing homes rests with the Division of Nursing Home and ICF/IID Surveillance. You may file a complaint over the phone, or via fax, email, or regular mail.
- Hire a nursing home negligence lawyer/attorney. Nursing home negligence lawyers/attorneys handle these types of cases on a regular basis and can help you get the compensation you deserve. They may also help take your case to court, should the need arise.
Legal Implications of Nursing Home Negligence Cases
When nursing home negligence occurs, it’s essential to hold responsible parties accountable. The role of a nursing home negligence attorney is to help families seek justice and compensation for their loved ones. It is possible to file lawsuits against a facility, an individual staff member, or both.
If you’re wondering how to prove nursing home negligence, it involves gathering evidence of negligence that might come in the form of medical records, eyewitness accounts, photographs, and expert testimony. This is something you may expect your nursing home negligence attorney to do for you.
Remedies for Nursing Home Neglect in New York
Nursing home negligence lawyers in New York know that relief in such cases may come in different forms.
- Damages. If nursing home residents suffer injury as a result of neglect, they may be able to recover damages for their injuries. In such cases, one might receive compensation for medical expenses, pain and suffering, emotional distress, and lost wages.
- Rehabilitative services. If an injury takes place because of neglect, a nursing home resident might be entitled to rehabilitative services such as physical therapy or speech therapy.
- Injunctive relief. There are instances when courts order nursing homes to take corrective measures to prevent future instances of neglect. These could include hiring more staff, providing better training, or improving the quality of care.
Suing a nursing home for negligence requires proving that the nursing home had a duty to provide care, that it breached that duty, and that a resident suffered an injury as a result of the breach. This, again, is best left to a nursing home negligence attorney/lawyer.
What the Law Says
The statute of limitations for filing most nursing home neglect lawsuits in New York that relate to personal injury is three years. Here are some of the laws that protect nursing home residents from neglect:
- Public Health Law Section 2801-d. This law allows nursing home residents to sue for damages if they suffer injury owing to neglect.
- Elder Abuse Prevention and Treatment Act. This law requires nursing homes to report suspected abuse or neglect.
- Nursing Home Reform Act. This law sets standards for nursing home care, including staffing levels, training requirements, and quality of care.
Preventive Measures
While legal action might be crucial when addressing nursing home negligence, prevention is always better than cure.
- Research and visit. Visit potential nursing homes and research them thoroughly before making a decision. Look for signs of cleanliness, observe staff-resident interactions, and ask about staffing levels and training programs.
- Stay involved. Regularly communicate with your loved ones, visit them, and stay informed about their care. Actively engage with staff and express any concerns promptly.
- Know your rights. Familiarize yourself with your loved one’s rights as a nursing home resident. Understand the facility’s care plan as well as its policies and procedures, and know how to report any issues.
- Document incidents. Keep detailed records of any incidents, injuries, or suspicious behavior. Document dates, times, and descriptions of events. Take photographs if necessary.
- Seek legal advice. If you suspect negligence, get in touch with a nursing home negligence lawyer to determine the next course of action.
Conclusion
Nursing home negligence lawyers play a vital role in advocating for the rights and well-being of vulnerable residents. By understanding the causes of negligence, recognizing the signs, and taking preventive measures, you may ensure that your loved ones receive the quality care they deserve.
Bear in mind that nobody should suffer harm due to the negligence of those entrusted with their well-being. If you come by any such incident, seeking advice from an experienced personal injury attorney who specializes in nursing home negligence might be in your best interest.