New York Nursing Home Abuse Lawyer
New York has placed a major emphasis on quelling the all too common problem of nursing home abuse and neglect. Although many nursing homes provide a safe haven for the elderly, many facilities still place their drive for profits above the needs and rights of residents.
Thus, accusations of abuse in nursing homes and assisted living facilities are becoming more and more common.
Although nursing home abuse can take many forms, it generally refers to any action by the staff of the facility that mistreats a resident. There are numerous types of abuse that can occur, but all of them are inexcusable violations of the trust that you place in nursing homes.
If you or a loved one has been injured from abuse or neglect, you may be eligible for damages. A New York nursing home abuse lawyer could discuss your legal options and fight to obtain fair and just compensation. Get in touch with an accomplished personal injury attorney today.
Resident Rights in Nursing Home Abuse Cases
New York created a code intended to guarantee the highest possible quality of care for nursing home residents, which can be found under New York regulation Section 415.1. Under this set of rules, nursing homes must meet a minimum standard of care and provide adequate services in accordance with accepted standards of practice.
Most nursing home abuse cases stem from the facility’s failure to provide reasonable health care and protective services. Violations of this duty often result in extensive physical and emotional injury and can contribute to an undignified existence for the elder.
Nursing home residents must be allowed a number of specific freedoms, such as:
- Facilities cannot discriminate against a resident
- Residents have a right to respectful treatment
- Residents should never bee exposed to nursing home neglect, involuntary isolation or abuse
- Caregivers may only physically restrain residents in moments of medical necessity or to prevent self-injury
Residents also have a right to make complaints without fear of retribution and change facilities if they desire to. If health permits, they also have the right to leave the facility with family and friends. For more information, consult with a nursing home abuse lawyer in New York.
Common Types of Nursing Home Abuse
Residents in nursing homes are susceptible to many types of abuse, and some show no clear indicators of physical signs, which can make proving abuse difficult.
In New York, the Department of Health oversees and investigates any reports of abuse or neglect that occurs in a nursing home. The Patient Abuse Reporting Law, which was designed to protect residents in nursing homes, requires every staff member of a nursing home to report alleged abuse or mistreatment of a resident. Those found guilty will be subjected to sanctions administered by the Department of Health.
Some potential warnings of elder abuse may include:
- Broken or fractured bones
- Bedsores
- Strained or tense relationships
- Unexplained lacerations or cuts
- A sudden change in alertness
The least detected, reported, and acknowledge type of abuse is involves non-consensual sexual contact between the caregiver and a patient. In many cases, the patient also experiences physical and emotional abuse. Caregivers can trick, coerce, or manipulate residents to engage in contact.
Speak with a New York Nursing Home Abuse Attorney Today
For many families, nursing homes offer the only practical option for medical care and support. If abuse does occur, victims often cannot protect themselves or enlist help due to fear of retaliation, which can jeopardize their health or even lead to death in some instances.
If a nursing home is negligent in instituting policies to protect patients, they may be liable for damages. A skilled New York nursing home abuse lawyer could fight to prove negligence on the part of the nursing home or its staff and seek legal compensation to pay for medical costs and reparations for emotional pain and suffering. To learn more, call today.
