Manhattan NYC Nursing Home Abuse Attorneys
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Manhattan NYC Nursing Home Abuse & Neglect Attorney
Nursing home abuse and neglect is a widespread problem, and it affects New Yorkers severely due to the massive population of the elderly living in New York, including New York City. Hundreds of thousands of New York residents now live in nursing homes or will live in nursing homes at some point in their lives. This significant number highlights the vulnerability of a large segment of the population.
A new nursing home study conducted by the General Accounting Office of the federal government concluded that at both the federal and state levels, there were not enough safeguards in place to protect residents from potentially abusive individuals. With over 1.5 million elderly individuals residing in the nation’s 17,000+ nursing homes, the deficiency in protective measures is alarming.
The combination of a high prevalence of nursing home residency and insufficient safeguards underscores the urgent need for reform to ensure the safety and well-being of New York‘s elderly population.
If you yourself have been abused or neglected or you suspect your loved one is being abused or neglected or has been, you need to contact and experienced Nursing home abuse lawyer. To schedule the consultation at no cost, contact our office by calling 877-ASK4SAM.
Types of Nursing Home Abuse
Abuse is not just limited to physical abuse and neglect, and can rear its ugly head in a variety of abusive practices:
Any physical force that results in physical injury, impairment, or pain is considered physical abuse, whether it be in a nursing home, hospital, prison, or anywhere else. Physical abuse can take many forms, including but not limited to: beating, hitting, pushing/shoving, shaking, shoving/kicking, slapping, burning, or any other form of physical abuse that causes a person physical harm.
Sexual abuse is not something people expect to happen in Nursing Homes, but sadly, it does occur more often than people realize. Sexual abuse in Nursing Homes is any sexual contact such as Rape, Coerced Nudity, and Sexually Explicit Photography that takes place without the Resident’s Consent. It is also important that when a Resident cannot give consent, any sexual contact would be considered sexual abuse.
Staff members who inflict emotional anguish upon residents are guilty of inflicting emotional harm. Some forms of this harm include belittling a person, isolating elders from other people, and giving a person the silent treatment.
Sometimes, staff members may financially exploit a resident in their care. They may have them sign blank checks, change estate plans to name them as an executor or beneficiary, or blatantly steal an elder’s physical cash or credit cards.
Nursing home staff members are responsible for supervising and care for their residents at all times. Any time a staff member abandons or deserts a resident, it is a form of nursing home abuse.
Abuse can be unintentional. Staff members may not intentionally harm residents but they often do so without meaning to. Abusive acts include failing to provide food and water, failing proper hygiene, forgetting to give residents medications, and more.
Sometimes, elders in a nursing home will refuse to care for themselves, such as refusing to bathe or eat. Even in these instances, it is still the responsibility of the nursing home to ensure the elder is cared for properly, even when the resident does not take care of themselves.
Regardless of the type of abuse that is occurring, nursing home residents or their family members can file a claim to secure compensation. An experienced New York City nursing home abuse attorney at SAM can help you understand your options. Contact us to request a free consultation.
Signs of Nursing Home Abuse
At SAM, our nursing home abuse and neglect lawyers have represented many families in cases involving nursing home negligence. Some common signs of nursing home abuse include:
- Amputation of a leg or toes
- Decubitus ulcers or sores
- Pressure ulcers or sores
- Friction ulcers or sores
- Unexplained patient falls
- Black and blue marks or bruising
- Diabetic complications
- Unexpected death
- Broken bones
- Malnutrition
- Patient elopement or wandering
- Urine or bowel incontinence
- Rape or sexual molestation
- Understaffing
Nursing homes are accountable for the safety and well-being of their residents. There are many state and federal rules that these facilities must follow in order to maintain a state license. We can help you to understand these regulations and find out if rules are being violated.
Detecting and Preventing Elderly Abuse in Nursing Homes
Elderly abuse in nursing homes can be subtle, yet its impact is severe. Family members must remain vigilant and proactive to ensure their loved ones’ safety and well-being. Here’s how you can identify and prevent potential abuse:
Recognize the Warning Signs
Identifying early signs of abuse is crucial. Here are common indicators that could suggest mistreatment:
- Physical Indicators: Look for unexplained injuries like bedsores, cuts, or bruises. Repeated patterns, especially around wrists or ankles, might suggest the use of restraints.
- Changes in Appearance: Be alert to sudden weight loss or an unnaturally pale complexion.
- Environmental Clues: Notice any signs of negligence, such as dirt, lice, or overall unkempt living conditions in their room.
- Personal Care Neglect: Observe if your loved one exhibits poor hygiene, unusual odors, or if they’re wearing damaged clothing or using broken personal items.
How Do Bedsores Develop and What Are Their Potential Consequences?
Bedsores, also known as pressure ulcers, commonly develop in nursing homes due to inadequate patient care. When caregivers fail to regularly reposition residents, prolonged pressure on the skin can impair blood flow. This often leads to the formation of sores, particularly near bony areas like the lower spine.
Stages of Bedsores
Bedsores are classified into four stages:
- Stage 1: The skin turns red and may feel warm or firm. At this point, the damage is still superficial.
- Stage 2: The sore becomes an open wound or blister and is more akin to a shallow crater.
- Stage 3: Damage extends deeper into the skin, forming a deep crater.
- Stage 4: The sore exposes bone and muscle, making it incredibly challenging to heal.
Potential Health Implications
The repercussions of bedsores are severe. As they advance in stage, these ulcers become intensely painful and can lead to significant health issues:
- Infections: Open wounds are breeding grounds for bacteria, potentially leading to systemic infections.
- Delayed Healing: Advanced ulcers require extensive medical treatment, complicating recovery.
- Life-Threatening Scenarios: In the most critical cases, untreated bedsores might even result in fatalities.
Prompt recognition and treatment are essential to manage these risks effectively. Regular monitoring and proactive care can prevent their occurrence and mitigate severe consequences.
Strategies for Prevention
Preventing abuse requires a proactive approach:
- Regular Visits: Increase the frequency of visits at different times to get a true sense of their daily routine and care.
- Build Relationships: Establish a rapport with the staff, showing that you’re involved and attentive to your loved one’s needs.
- Empower Communication: Encourage your loved one to speak openly about their experiences and feelings.
- Involve Authorities: Familiarize yourself with state and federal resources like the National Center on Elder Abuse, and don’t hesitate to report any suspicions.
By staying informed and engaged, families can play a key role in safeguarding their loved ones in nursing homes from abuse and neglect.
Common Causes of Nursing Home Abuse
Nursing home residents and their loved ones often do not understand why abuse and neglect occurs in long-term care facilities, and that is understandable. To many, it is unimaginable that the very people entrusted with the care of one of society’s most vulnerable sectors could turn on them and treat them in such horrific ways. Sadly, there are many reasons why nursing home abuse occurs:
Research indicates that as many as 95 percent of nursing facilities in the US are understaffed. With too few staff members and trusted to care for an increasingly larger number of patients, neglect happens. Staff members simply may not have the time to care properly for each resident, or may feel rushed and push more aggressively while changing or moving Elders, which can cause them injury in a number of ways.
Even if the nursing home does have the proper number of Staff which is highly unlikely, there’s a good chance that many of the staff members who are there are not properly trained or qualified for Elder Care. nursing home owners should but may not provide staff with a necessary training, especially if the staff is newer. They also can fail to do thorough background checks, and also could Overlook important maintenance of the facilities in medical equipment which can harm patients when used.
Lastly, nursing homes that are not properly cleaned can also result in abuse and neglect. Tripping, slipping and falling can happen when walkways and halls are not cleared and maintained, and viral and bacterial infections can also cause great harm.
Know Your Rights
However, it is crucial that nursing home residents and their loved ones understand that none of these causes are an excuse for nursing home residents being neglected or abused. The Nursing Home Reform Act and the Older Americans Act both provide nursing home residents certain rights. Regardless of the conditions of employment, staff members and nursing home owners always have a duty to prioritize the health and well-being of the residents in their care. When they fail to do so, they can be held liable for compensation for any loss or harm a resident sustained.
Families place immense trust in nursing homes when they decide to entrust their loved ones to these facilities. They have every right to expect that their loved ones will be safe and free from harm. Nursing home neglect and abuse are unfortunately real and pressing issues, particularly in places like New York, making accountability not just a legal necessity but a moral imperative.
By holding nursing home staff accountable, we uphold the rights granted by pivotal legislation and affirm the societal responsibility to protect vulnerable individuals. This accountability is essential to prevent future neglect and ensure that the rights of residents are respected, fostering a safe environment where their well-being is the utmost priority.
Legal Protections
The Nursing Home Reform Act and the Older Americans Act both provide nursing home residents certain rights. These acts ensure that residents are treated with respect and dignity and receive the highest standard of care possible.
Regardless of the conditions of employment, staff members and nursing home owners always have a duty to prioritize the health and well-being of the residents in their care. When they fail to do so, they can be held liable for compensation for any loss or harm a resident sustained.
Ensuring Accountability
Families should feel empowered to demand accountability and transparency from nursing home facilities. This involves being informed about the rights of their loved ones and understanding the steps to take if those rights are compromised.
By holding facilities to these standards, families not only protect their loved ones but also contribute to a culture of accountability within the healthcare system.
Potentially Liable Parties for Nursing Home Abuse
Many people assume that only nursing home staff members are responsible for abuse and neglect when it occurs. Truthfully, there are many potential liable parties in these cases, including:
While staff members are not always responsible for nursing home neglect and abuse, they can be held liable when they directly cause a resident harm by neglecting or abusing them.
Medical malpractice happens all too often in New York, and it can also occur in nursing home settings. Any time a healthcare professional fails to meet the high duty of care they owe to residents, they can be held liable.
Owners of nursing homes, and those responsible for overseeing the day-to-day operations have a number of responsibilities. They must ensure their facility is clean and free of hazards, and they must also make sure they are only hiring experienced staff and providing them with proper training. When they fail to do so, they can be held liable.
Public nursing homes are often government-run. Even when they are not, government agencies are often responsible for conducting regular inspections to ensure the facility is safe and free from hazards and that all legally mandated standards are being met. When they fail to do this, it can place elders at risk for harm, and the government can be held liable for this inaction.
Covid-19 Virus: Coronavirus Deaths
An ounce of prevention is worth a pound of cure. When it comes to nursing home residents and the treatment of the Covid-19 virus, the old wisdom rings true. Nursing homes are required to take care of loved ones and prevent them from getting hurt.
In many instances nursing homes failed to plan for and supply needed personal protective equipment (PPE) to their staff. As a result, many residents became infected with the virus and ultimately died. New York City nursing homes simply had no infectious protocol in place. If you have lost a loved one in a nursing home as a result of the coronavirus, please allow us to investigate and make those responsible account.
Get Legal Help Today
If you suspect a problem, please call or e-mail our experienced NYC nursing home abuse attorneys. Our New York nursing home abuse and neglect lawyers know how to help families whose loved ones are suffering from injury, pain, damage, or emotional trauma due to nursing home negligence. We can help you remedy the situation and get you the compensation you deserve. Our firm proudly offers free initial consultations to residents of the New York City area, including the Bronx, Brooklyn, Queens, Nassau, and Suffolk.
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