Nursing homes are meant to be places of comfort and care for elderly or disabled individuals who can no longer live independently. Sadly, these facilities often fail to provide residents with the basic needs and dignity they deserve, which is what is considered nursing home neglect. This negligence can come in the form of physical abuse, emotional abuse, financial exploitation, or medical malpractice.
These cases of neglect can be incredibly devastating to vulnerable people. They can lead to malnutrition, bedsores, infections, and even death. The good news is that you can take legal action to hold negligent nursing home staff responsible for their actions. However, pursuing a lawsuit is often complicated and requires the assistance of an experienced lawyer who understands what is considered nursing home neglect.
Our attorneys understand the complex issues involved in nursing home negligence cases, and can help you get the compensation you deserve. There are four key components of a successful negligence claim: duty, breach, causation, and damages. First, you need to establish that the defendant owed you a duty of care. This is generally established through statute, regulation, or case law. Next, you must show that the defendant breached this duty by failing to act with reasonable care under the circumstances. Understanding what is considered nursing home neglect is critical in proving this breach.
The most common forms of what is considered nursing home neglect are related to personal hygiene, dignity rights, and proper medical treatment. Hygiene violations can lead to skin problems and infections, while dignity rights violations can be seen in a failure to answer call buttons or treat residents with respect. In addition, improper medical care can result in serious and painful injuries, such as medication errors.
Many victims of nursing home neglect do not have the resources or ability to report their abuse, which is why it is important for family members to stay vigilant and keep an eye out for signs of what is considered nursing home neglect. It is also helpful to document any evidence of neglect, such as a dirty room or visible bruising or other marks. It is a good idea to also take pictures of any signs of neglect, as these can be used as proof in a claim later on.
Once you have proof of nursing home neglect, you can file a lawsuit seeking compensation for your loved one’s losses. The most obvious losses are economic, which can include past and future medical expenses, the cost of moving to a different facility, restitution for financial exploitation, and more. You may also be entitled to non-economic damages for pain and suffering, loss of enjoyment of life, mental distress, and more. It is important to remember that if Medicare or Medicaid covered any of your loved one’s medical costs, they have the right to a lien on your award. This means that they will receive some of your awards before you can receive the rest. It is critical to have an attorney on your side who can review any liens and negotiate with the home’s insurer or lawyers to ensure that you receive the maximum compensation possible.
Almost two million Americans live in nursing homes, and while many of these facilities are well-run and provide quality care, others may neglect or abuse elderly or disabled residents. It is essential that family members are able to recognize what is considered nursing home neglect in order to protect their loved ones from harm. Here are some warning signs that you should look out for.
Unexplained Bruises or Abuse
In most cases, if an elderly loved one appears to have unexplained bruises, cuts, or wounds, these are often a sign of physical abuse. This type of abuse can occur when nursing staff physically assaults a resident. If a loved one has any unexplained injuries, you should speak with their physician and the nursing home’s management immediately and determine what is considered nursing home neglect.
Bed Sores
Also known as pressure ulcers, bed sores are painful and deadly wounds that can develop when a person is confined to their bed or wheelchair for long periods of time without being moved or flipped over frequently enough. These sores can quickly progress into stage four bed sores if they are not treated properly. Bed sores are a serious indicator of what is considered nursing home neglect.
Poor Hygiene or Malnutrition
A high priority for nursing home caregivers should be to help their residents maintain good personal hygiene and a healthy diet. Therefore, if a loved one is frequently dirty or has unkempt hair and clothing, this could be an indication of neglect or malnutrition. The neglect of basic personal hygiene is a clear example of what is considered nursing home neglect.
Nursing homes are expected to regularly clean living areas and bathrooms, as well as take out the trash. However, if your loved one hasn’t been bathed in days or weeks, this is likely an indicator that they are not being adequately cared for. This neglect in maintaining a clean and dignified living environment is typically what is considered nursing home neglect.
Nursing homes should always have the necessary medical supplies and equipment to treat their residents. If your loved one’s medication isn’t being administered properly or at all, this is a clear sign that their needs are not being met. This can be especially concerning if your loved one has serious health problems or is taking medication that requires close monitoring. In some cases, nursing home neglect can be so severe that it results in the death of a resident. In these situations, it is important to consult with a lawyer right away to investigate your case and fight to get justice for your loved one.
When you place your loved one in a nursing care facility, you expect that they will be well taken care of by the staff. Unfortunately, that is not always the case. Abuse and neglect in nursing homes are not uncommon, and knowing what is considered nursing home neglect is essential to report such abuse in New York effectively.
Some neglect is medical in nature – missed medication doses, failure to follow doctor’s orders and untreated wounds – that can lead to serious health complications and even death. Understanding what is considered nursing home neglect helps in recognizing these issues early. Other forms of neglect are social and emotional, with residents isolated in their rooms, deprived of meaningful interaction with others, and their emotional cues ignored. This can lead to depression, isolation, and cognitive decline, all signs of what is considered nursing home neglect.
Environmental neglect can be a serious problem, with improper heating, unsafe conditions, and hazardous materials posing a risk of injuries and illness. These conditions also fall under what is considered nursing home neglect, as they significantly impair the quality of life and safety of residents.
In general, most states have long-term care ombudsman programs to investigate allegations of abuse or neglect in facilities. These programs collect data on complaints, provide information to the public, and help families advocate for their loved ones. These ombudsmen can also refer complaints to law enforcement, which may investigate crimes of violence. Recognizing what is considered nursing home neglect is crucial for these programs to function effectively.
The data collected by ombudsman programs reveal that physical abuse of nursing home residents is very common. In fact, it is the most frequently reported complaint to the ombudsman. The abuse can take many forms, including striking (punching, hitting or pushing) and kicking. Other types of abuse include the intentional infliction of pain or discomfort (slapping, shoving or pinching) and the deprivation of food, water or medication.
Various reasons can cause abuse and neglect in a nursing home, from cultural differences to inadequate training. For example, some nurses stated that the topic of elder abuse and reporting requirements was not covered as part of their nursing education (Pettee, 1997).
When you suspect that your loved one is experiencing abuse in a nursing care facility, it’s important to act immediately. If possible, speak to a nursing home negligence attorney to learn what steps are necessary to take. Legal counsel can guide you through the process of filing a report and also help you pursue compensation for damages in civil court. Legal representation can be especially valuable in complex situations and for those who fear that their loved one will not speak up on their own. It is never too late to contact an attorney to learn more about how to report nursing home abuse in New York. You can also connect with a support group or advocacy organization for assistance and emotional support. And remember to keep detailed records of your loved one’s encounters with the nursing care facility. These documents will be invaluable in your efforts to hold the nursing care facility accountable.
Kucher Law Group Injury Attorney
463 Pulaski St #1c, Brooklyn, NY 11221, United States
(929) 563-6780