Approximately 3.2 million Americans reside in nursing homes. In one study in which 2,000 nursing home residents were interviewed, 44 percent said they had been abused while in the nursing home. A staggering 95 percent stated they had been neglected or had seen another nursing home resident neglected. Those elderly patients who experience abuse while in a nursing home have a 300 percent higher risk of death as compared to elders who suffered no abuse.
Why Nursing Home Negligence and Abuse Occur
In the state of New York, approximately 109,830 elderly patients live in nursing homes. With the elderly population increasing so rapidly, that number will certainly rise. We all hope that a nursing home is a place where our loved one can live a life of rest, comfort—and most of all, safety. Unfortunately, this is not always the case. The majority of nursing homes are owned and operated by corporations who care more about the financial bottom line than the health and safety of their residents.
In many cases, nursing homes are staffed by those with inadequate training or those who simply don’t have the best interests of the residents at heart. The elderly are certainly one of America’s most vulnerable group of people; when placed in a situation which leaves them unable to defend themselves that vulnerability increases exponentially.
Nursing home negligence can lead to severe injuries and a lifetime of pain and suffering. As such, it is important to call an experienced New York nursing home lawyer at Talisman & DeLorenz P.C. immediately.
The Signs and Consequences of Nursing Home Negligence
Many instances of nursing home neglect either go unnoticed or are overlooked in the belief the deteriorating condition of an elderly loved one is due solely to the aging process. In some cases, there is an insidious progression from small failures to blatant disregard for basic human needs. Looking back, family members often realize there were signs of neglect and abuse, which they failed to see—a realization which can later be extremely painful.
There are many types of neglect, but nursing homes or care facilities could be held liable for elder abuse or nursing home negligence if they:
- Fail to provide adequate food or fluids
- Fail to provide appropriate supervision
- Refuse to assist with hygiene needs
- Provide inadequate clothing and shelter
- Fail to protect patient from harm and/or a hazard
- Fail to properly administer medication and/or qualified medical care,
- Improperly restrain an elderly patient
- Fail to turn bedridden patients, leading to painful decubitus sores.
In addition to withholding basic care, outright abuse may be taking place.
How the Federal Nursing Home Reform Act May Help
The Federal government established a set of regulations which clearly define the minimum standards of care in nursing homes. The regulations are intended to protect the rights of nursing home residents while providing them with the quality of life they deserve. Regular patient evaluations are one facet of the Act, and the goal is to ensure every nursing home resident receives the level of healthcare, dietary services, social services, rehabilitation and pharmaceutical care they require.
Nursing homes operating under Medicare and Medicaid are charged with more uniform certification requirements. An individual care plan must be in place for every resident, and appropriate activities and services must be offered to every nursing home resident. The State of New York, under Public Health Law §2801-d, provides a private statutory cause of action for nursing home residents deprived of rights, which lead to injury. This private right of action is cumulative as well as separate from medical malpractice and negligence.
Contact Talisman & DeLorenz, Your New York Nursing Home Negligence Lawyers
If you believe your loved one has been a victim of nursing home negligence or abuse, it can be beneficial to speak to a knowledgeable New York personal injury attorney immediately. Your loved one deserves the benefit of a comprehensive investigation into the lack of care provided. At Talisman & DeLorenz, our New York personal injury attorneys have over 50 years of experience and we fight aggressively to protect the rights of elderly victims. Call us today at 1-212-422-9000 for a free consultation and review of your case or fill out our confidential online contact form.
Call us Talisman & DeLorenz, P.C. Members of the Multi-million Dollar Advocates Forum and the National Top 100 Trial Lawyers, today at 1-212-422-9000 for a free consultation and review of your case or fill out our confidential online contact form. You deserve a strong