New York Nursing Home Abuse Attorneys
Families often place elder loved ones in nursing homes so that they can be given the care and attention they need and deserve. Unfortunately, more family members are becoming aware of the problems that exist within nursing homes and the reports of medical negligence.
According to the Congressional “Nursing Home Abuse Report,” 1 in 3 facilities will have committed medical negligence this year. The prevalence of nursing home abuse in the U.S. is extremely high, and experts warning reports only reveal a small percentage of the actual number of nursing home abuse instances. Many cases go unreported.
If you or a loved one has been adversely affected by nursing home abuse, the attorneys of Oshman & Mirisola, LLP want to help you seek justice against those who have violated your rights. For more than 35 years, we have aggressively fought for thousands of Americans wronged by negligence and corporate malfeasance and we’re ready to put that experience to work for you.
Our population is expected to age gracefully in the coming years; more than 20% of U.S. residents will be 65 and over by 2030. As such, the quality of care in nursing homes across the country is a vital issue that concerns us all – no matter our individual ages, we all have a right to high standards in health care.
Nursing Home Neglect and Elder Abuse
Elder abuse is an act that causes significant harm to our seniors. The abuse may be physical, verbal, financial, emotional, or even sexual. Nursing home neglect differs, not only because of where the abuse occurs, but because nursing homes have a legal duty to provide care for elders.
Nursing home abuse is not always reported because residents may fear the consequences. In many cases, the elder being abused has to rely on the abuser and does not want to say anything. If you notice your loved one is unusually silent during a visit, take heed. Silence is a red flag for neglect.
Signs of Nursing Home Negligence
You can help protect yourself or your family member by being mindful of these warning signs of neglect:
- Bruises and broken bones are injuries which usually result from falls on the premises. Inadequate staffing or improper maintenance are often responsible for patient slip and fall incidents.
- Sepsis or toxic shock can occur if a nursing home fails to use an infection control program or properly tend to a resident’s wound.
- Dehydration and sudden weight loss are signs your elder is not getting daily proper nutritional intake.
- Improper medication, either in amount or type, can seriously injure a resident.
- Forced isolation, unless done for the safety of the patient and other residents and fully disclosed to all parties involved, is a sign of neglect.
- Use of physical and chemical restraints violates federal regulations on standards of care and is another warning sign for medical negligence.
Nursing Home Resident Rights
The Nursing Home Resident Bill of Rights was introduced into law through The Nursing Home Reform Act of 1987. These rights apply to all nursing home residents throughout the country:
- Right to privacy
- Right to freedom from abuse, mistreatment and neglect
- Right to freedom from physical restraints
- Right to be treated with dignity
- Right to accommodation of medical, physical, psychological and social needs
- Right to participate in family and resident groups
- Right to exercise self-determination
- Right to communicate freely
- Right to review one’s care plan and be fully informed in advance of any changes in treatment or status in the facility
- Right to voice grievances without reprisal or discrimination
New York Nursing Home Guidelines
Nursing home guidelines in New York are quite similar to federal regulations with minor differences. Specifically, residents are allowed visitors for 10 consecutive hours in a 24-hour period, including meal times. Residents also have a right to kosher meals, regardless of whether or not they are practicing Judaism.
The NYS Department of Health recently instituted a statewide Pay for Performance Quality Initiative to help prevent pressure ulcers (bedsores) in resident patients. 46 high performing nursing homes throughout the state were awarded $3 million dollars. If you’re currently looking for a quality facility, the list of award recipients is a great place to start. You can learn more about New York nursing home regulations by visiting the state department website at health.ny.gov.
New Jersey Nursing Home Guidelines
In addition to mandatory state and federal nursing home regulations, there are advisory standards of care a nursing home may meet. Nursing homes that perform well in both mandatory and advisory standards of care and clearly go above and beyond in providing care for residents is definitely one you might consider placing your beloved family member in.
Have You or A Loved One Been a Victim of Nursing Home Abuse?
The fundamental right of all nursing home residents is to be treated with dignity and respect. All other rights are enacted to support this premise. If you or your loved one has suffered injury due to negligence in a nursing home, it is absolutely your right to pursue legal action and hold those at fault accountable.
If you notice elder abuse or neglect in a nursing home, please report it to your local Adult Protective Services office.
You can also contact us at Oshman & Mirisola, LLP. We will provide a free, no obligation consultation, allowing you to learn more about your legal rights and options. Pursuing your nursing home abuse claim will cost you nothing until we successfully resolve your case. Call us at (800) 400-8182 or use the form on this page.
Have you or a loved one been injured?
If you or a loved one has been adversely affected by nursing home abuse, please contact us at Oshman & Mirisola, LLP. We provide a free, no obligation consultation, allowing you to learn more about your legal rights and options. Pursing your Nursing Home Abuse claim will cost you nothing until we successfully resolve your case. Call us at (800) 400-8182 or click here to use our online system and a representative will be in contact with you shortly.