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When a loved one moves into a nursing home, the hope is that the staff will provide quality care and a comfortable, safe living environment. Unfortunately, nursing home abuse in New York can happen, putting your loved one at risk physically, mentally, and emotionally.
The National Council on Aging recently reported that 5 million aging adults are victims of abuse annually. You can do a few things to protect your aging family members so they don’t become one of these victims.
Nursing Home Neglect
Nursing home neglect differs from abuse based on the perpetrator’s intentions. For example, neglect can occur unintentionally when a caregiver fails to offer necessary support and services. Negligence includes many forms of improper care, causing the residents to suffer. Examples include:
- Leaving a resident with mobility problems in bed for hours at a time
- Failing to call a nurse or doctor when medical concerns arise
- Not changing the patient’s bedding or clothing regularly
- Not providing regular hygiene care such as cleaning and washing
- Failing to provide a sufficient amount of food and water
- Not treating infections, injuries, or illnesses
Even though nursing home neglect isn’t as aggressive as abuse, it can still harm residents’ mental and physical health.
Nursing Home Abuse
Nursing home abuse includes intentional and direct injuries to a resident, causing physical, emotional, and mental pain and distress. Examples include:
- Physical injury
- Yelling at a resident
- Making fun of a resident
- Threatening with isolation or physical harm
- Over-medicating a resident
- Withholding food, water, or medications
- Non-consensual sexual contact
- Stealing money or property
Penalties in New York for Nursing Home Neglect & Abuse
Heavy fines must be paid if a person or nursing home is found negligent or abusive towards a resident. A nursing home can be fined for various health and safety violations, including malnutrition, unsanitary conditions, financial exploitation, physical abuse, and more.
Not only are fines imposed, but the legal process helps to reveal neglect or abuse so all residents can be protected and receive the care they deserve. Moreover, the resident who suffered neglect or abuse – or their loved ones – can file a lawsuit seeking compensation.
Steps to Take if You Suspect Nursing Home Neglect or Abuse
If you suspect your loved one is a nursing home neglect or abuse victim, the first step is to call the police. It’s important to eliminate imminent danger and protect your family members. Then, there are several additional steps you can follow:
- Speak With Your Loved One: Talk to the victim in private. Ask questions about their care and the quality of services they have been receiving. Keep in mind that the person might be reluctant to speak out against the abuse or neglect, especially if they are fearful or worried about the situation or retaliation.
- Take Notes: Write down as much information as possible about the situation and any other evidence to help with the case. If the person has injuries, take photos or videos of these injuries for documentation.
- Talk to an Attorney: You’ll need legal support while navigating the case. Find an attorney with experience in nursing home cases, giving you the peace of mind of knowing you have someone to advocate for your family.
- Raise the Issue With Management: Talk to the nursing home management about suspected abuse. It might be possible to resolve some situations easily. If management can’t explain the situation satisfactorily, it could indicate nursing home abuse or neglect.
Then, the next step is to file a complaint. In some situations, it might make sense to file a lawsuit to protect your loved one and access available financial compensation. The best way to proceed is by hiring an attorney who specializes in nursing home cases.
How Can an Attorney Help?
Our team at Rosenblum Law has years of experience helping clients with nursing home abuse and neglect cases. We know the most effective solutions for gathering evidence, building a case, and proving negligence. We invite you to contact us at your convenience to schedule a consultation and discuss the situation. Rosenblum Law is always here to help at 888-235-9021.
FAQs
Nursing home abuse can occur in many forms, including physical, emotional, neglect, financial, and more.
Maintaining close contact with your loved one is important because it allows you to identify signs of abuse and take action quickly if needed.
Yes, legal support is essential when documenting and building a case. Find an attorney with experience in nursing home abuse and neglect to ensure you have the best legal representation.
Last updated: May 20, 2024
