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Today in the United States, there are approximately 1.4 million individuals who live in nursing homes or assisted living environments, with those numbers increasing as the baby boomer generation ages. There are many reasons why people choose to live in these settings. In most cases, residents of nursing homes are elderly or disabled individuals who require ongoing care long-term, including assistance with meal preparation and eating, bathing and dressing, personal hygiene, mobility, and medical care.
While the purpose of nursing homes is to provide these individuals adequate care with safe and healthy living environments, abuse and neglect have become increasingly more common. If you suspect that a loved one is being abused or neglected in a nursing home or assisted living home setting, it is important to get the experienced legal assistance of a neglect attorney in order to hold the staff and facility accountable.
Our team of New York nursing home abuse attorneys is committed to helping those who have been abused or neglected in a nursing home get just compensations and hold negligent parties accountable for their actions. Contact us for a free case evaluation by calling (929) 274-8000.
"No Win, No Fee. Unless We Win Your Case, You Don't Pay a Penny."
With the current aging of America, we are seeing more older adults considering long-term nursing home care than ever before. But with the rising need for these facilities, we are also seeing an increasing incidence of nursing home negligence. According to research conducted by the World Health Organization:
While instances of abuse in a nursing home’s premises often go unreported, nearly 1 in 3 nursing homes in the United States have still been issued citations for abuse. These should be concerning figures for anyone with an elderly loved one in a long-term care facility. At Kucher Law, our lawyers are dedicated to helping our clients recover just compensation. You can call our office today at (929) 274-8000 and get a free legal consultation with a personal injury attorney in New York City.
Nursing home abuse or neglect is any physical, emotional, sexual, or financial harm that is perpetrated against residents who are cared for or live in a nursing home or assisted living care facility. While families place a significant amount of trust in the care of their loved ones at these facilities, we see instances of abused and neglected elderlies making headlines now more than ever before.
Nursing home negligence can take many forms. It can include:
Most cases of abuse and neglect are caused by the very people who have been entrusted to their care or even by other residents. Unfortunately, many victims of nursing home abuse or neglect are too frightened to report their abusers. This is why it is important to be aware of any signs or indications of abuse or neglect so action can be taken as soon as possible.
When you suspect that your loved one has suffered from being abused at a nursing home or long-term care facility, you have legal options. A nursing home is required to provide a standard of care under the law, and when they are not providing this, they put themselves at risk of a lawsuit or censure by the state.
You can report any signs of abuse to the New York State Department of Health, Nursing Homes and ICF/IID Surveillance. The victim may also be entitled to compensation for any injuries and damages. When you suspect that abuse has happened in New York, calling an experienced NYC lawyer specializing in nursing home negligence is critical to understand your legal rights and options. Our lawyers serve the residents of all boroughs, whether you live in Manhattan, Staten Island, Brooklyn, Queens, or the Bronx. Call today – we are here to help, 24 hours a day, 7 days a week: (929) 274-8000.
While both nursing home abuse and neglect result in harm to the elderly individual, nursing home abuse varies slightly from nursing home neglect.
Nursing home neglect is usually caused by an unintentional lack of care, whereas nursing home abuse is intentional. It’s important to remember, however, that negligence is far more than simple mistakes. Neglect is a continuous and ongoing failure to meet the critical care and needs of nursing home residents. While it may be unintentional, it is no less harmful.
Nursing home staff and administrators must report any incidents or suspicions of abuse or neglect, but some fail to do this for fear of possible repercussions or charges. All residents of nursing homes and long-term care facilities deserve appropriate care and medical responses to their conditions. At Kucher Law, our skilled team of New York nursing home negligence attorneys can help you hold a negligent care facility accountable if you or your loved one has suffered abuse or neglect. Do not wait another moment; call us right now at (929) 274-8000.
For families with loved ones in long-term care and nursing home facilities, it is critical to be watchful for any signs of abuse. These can include:
Emotional and psychological abuse is one of the most common forms of nursing home and long-term care facility abuse, and it is often the most difficult for others to detect. This type of abuse can include bad-mouthing, isolation, demeaning, terrorizing, or intimidating a resident.
While this type of abuse leaves no physical evidence, it does leave its mark. Signs to look for include anxiety and depression, silence, change in sleep patterns, refusal to eat or a change in eating patterns, eye contact avoidance, mood swings, or a sudden lack of self-esteem.
Because signs of nursing home abuse can vary greatly and are not always easily discernible, family members need to keep watchful for anything that may seem amiss when visiting. Many signs of abuse can be dismissed because of the individual’s age or cognitive impairment. Some residents fear saying anything and may even be too embarrassed to admit their abuse or exploitation to their family.
If you have witnessed any signs of elder patients being abused or you have concerns or suspicions, getting the assistance of a New York nursing home abuse lawyer can help you understand your legal rights and options. Call our law firm at (929) 274-8000 for a free consultation from our nursing home abuse lawyers in New York. Pay no legal fees for our lawyers unless we have successfully recovered compensation on your behalf.
Bedsores are skin and tissue injuries caused by prolonged pressure. Bedsores cause pain and suffering, and yet they are easily preventable. Deep bedsores may develop when a patient is neglected for prolonged periods. In a nursing home or hospital, bedsores should not be considered acceptable. Untreated bedsores can result in sepsis, osteomyelitis, and in the worst cases, death.
You should immediately take action if you discover that your loved one in a facility has a bedsore. You should immediately report to the doctor or head nurse any pressure sores you notice on your loved one. You should take photos of the bedsore and make a list with the names and contact information for all the doctors and nurses who have examined it. If your loved one has developed bedsores in a nursing home, you can contact us at (929) 274-8000 for a free consultation with one of our nursing home negligence lawyers.
While there is no single cause of nursing home abuse, it can often be traced back to the corporate institutionalization of elderly care and staff and training issues.
While many nursing homes are privately and independently owned, there is a growing number of facilities that are owned by large corporations that own multiple facilities. In many cases, nursing home negligence can be tied to decisions that are made at the corporate level that prioritize corporate profits over quality care.
According to the Centers for Disease Control, as of the year 2016, nearly 70 percent of all nursing homes and long-term care facilities were for-profit. A 2018 report published in Gerontology found that residents in for-profit long-term care facilities were almost twice as likely to suffer from poor care as those in not-for-profit facilities.
Kaiser Health News also found that nearly 75 percent of these for-profit facilities outsourced care to other companies also under their control, called related party transactions. While the interrelated companies are making substantial profits from this practice, it can effectively drain the budget of a facility and result in lower-quality care.
While providing quality care for elderly nursing home patients can be stressful, unfortunately, some who work in the field take out their frustrations on the very people they are responsible for caring for. The World Health Organization has found that 2 in 3 nursing home staff members report that they have committed some form of elder abuse in the past year.
Many nursing homes are inadequately staffed, provide low working wages, and lack comprehensive training for staff members. Finding new employees can also be difficult for them. These can all lead to nursing homes neglecting and abusing their resident elders.
One of the primary causes of abuse and negligence in nursing homes or long-term facilities is understaffing. Federal data indicates that, as of 2018, many nursing homes do not have enough essential staff in place for their residency. When facilities are under-staffed, nurses and workers are constantly stressed to fulfill the needs of residents, answering calls for medications, bathroom visits, meal delivery, and repositioning to avoid bedsores.
Lack of adequate staffing can lead to tension and career burnout, lead to critical medical mistakes, and prevent the proper care for the vulnerable older adults who rely on them. Unfortunately, New York has no minimum staffing requirements governing nursing homes which can lead to gross understaffing and poor care.
Except for high-paying administrators, nursing home jobs pay notoriously low wages, leading to the hiring of people with little experience working with the elderly. Low pay and stressful working conditions can lead to workers taking their frustrations out on elderly residents. It can also lead to theft of residents’ resources, with staff members often taking credit cards, forging checks, or otherwise stealing other financial assets.
While nursing homes must have training protocols in place, administrators and senior staff have the responsibility of ensuring that these protocols are actively taught to staff and utilized.
Poor training can lead to improper administration of medication, resident injuries, residents lacking basic hygiene, bedsores, and preventable infections. Lack of appropriate supervision can mean that negligence can continue for quite some time before anyone notices.
Nursing homes have an obligation to the vulnerable residents in their care to hire qualified and experienced personnel with the appropriate degrees for their positions. Facilities should conduct background checks to further ensure that personnel has no previous records of abuse or violence.
Without good hiring practices, there is a chance that staff members can perpetrate abuse and neglect on vulnerable and unsuspecting residents. When this happens, the nursing home should be held responsible.
Nursing homes can be held liable for any injuries that were caused by:
When you believe that a loved one is experiencing abuse or neglect in a nursing home or assisted living facility, it is critical to take proactive steps and remove them from their current setting. The facility should be reported and held accountable.
While abusers may be held criminally accountable for their actions, victims and family members may still be facing tremendous costs associated with the abusive situation. In this case, a victim or their family may be entitled to compensation for the harm done by the nursing home. Contacting a skilled nursing home abuse lawyer ensures that your legal rights are being represented and your loved one is no longer subject to an abusive situation. Call now (929) 274 8000.
If you suspect that you or your loved one is the victim of nursing home abuse or neglect, let us help. You may be able to file a lawsuit against the nursing home while seeking financial compensation for any damages. Contact the experienced nursing home abuse attorneys at Kucher Law at (929) 274-8000. You pay no legal fees unless we have successfully recovered compensation on your behalf.
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