As life expectancy rises, society is increasingly facing the issue of where older family members should live when they can no longer take care of themselves. Many will reside in nursing homes, along with younger people who have suffered strokes or have debilitating illnesses that are too difficult for their families to handle.
Evidence indicates that nursing home abuse and negligence are on the rise. While 5.9 percent of all nursing homes were cited for abuse violations during their annual state inspections in 1996, those rates rose to 16 percent by 2000. Both young and old can fall victim to negligent care and abuse in nursing care facilities. Nursing home abuse attorneys understand this fact. Hundreds of elderly patients die as a result of caregivers who fail to provide them with necessary food and liquids and don't turn them in their beds to prevent life-threatening bedsores. More often then not, these problems arise as a result of stressful working conditions due to understaffing, lack of funding, staff burnout and improper training. If you or a loved one has experienced this type of negligence, it is important that you contact a law firm as soon as possible. A nursing home New York attorney will be on hand to provide you with the guidance, counseling and advice that you will need to move forward with your negligence claim.
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Often, relatives and friends don't know the circumstances in which their loved ones live. Some elderly residents are too embarrassed to say anything, while others feel intimidated, don't know they are being abused or neglected, or don't have the capacity to tell their family members how they are being treated. A congressional report documenting the significant problem of abuse of residents indicates that there is significant underreporting of neglect and abuse, and that inspectors many times fail to recognize such cases. A good law firm understands this underreporting factor, but nevertheless considers all of the facts involving a resident's situation.
Nursing home abuse can take the form of financial exploitation, ignorance of care issues, intentional neglect, swindling, pressuring residents to distribute assets, irresponsible management of a person's money, hitting, beating, pushing, kicking, burning, biting, name-calling, silent treatment, threats, withholding appropriate attention, treating adults like children, and failure to meet needs for food, liquids, medicine and other necessities. There are also reports of sexual abuse by nursing staff, including rape, assault, inappropriate touching, photographing residents in suggestive manners, forcing residents to look at pornography, forced sexual contact and coerced nudity. A recent case of neglect involved a 23-year-old woman in lifetime nursing care who was raped while under the supervision of the nursing staff. The staff did not report the woman's pregnancy in her file, inform her mother of her condition or provide proper prenatal care. As a nursing home negligence law firm we look to help people under such tragic situations.
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While family members recognize the effects of the physical, sexual and financial abuse and neglect of their loved ones, some may not understand the significance of emotional abuse. Given that nursing home residents are completely dependent on the staff, any sort of emotional abuse including the silent treatment or verbal abuse can result in severe mental anguish. Additionally, some residents may be hesitant to call for help when they need it for fear of being yelled at by the nursing staff. In one such incident, an elderly woman didn't call for help when she fell on two occasions because she feared the reaction of the staff. The problems that abound in nursing homes are not limited to abuse by staff. Sometimes, abuse comes at the hands of violent residents and is compounded by the failure of the staff to protect them. Ex-convicts with a known history of violence may live alongside your loved ones. A negligence law firm tries to explore various avenues of redress for its clients. Residents are there because they need assistance and cannot care for themselves, so it is astonishing that they would be placed in a facility with people who even young, strong and healthy adults might fear. There is currently a legislative proposal that would require nursing homes to at least inform patients and their families of ex-convicts living in their midst. As negligence abuse lawyers, we try to investigate the background of the people involved in such incidents.
Families and friends can help ensure the safety and well-being of loved ones in long-term care facilities by watching for symptoms of abuse which may include:
- Dehydration/malnutrition
- Bed sores
- Poor personal hygiene
- Begging for food
- Unsanitary living conditions
- Dirt, soiled bed, fecal or urine odor
- Open wounds, cuts, bruises or welts
- Cigarette or acid burns
- Inadequate explanation of patient condition by caregiver
- Weight loss
- Sudden change in resident's behavior
- Anxiety or agitation
- Extreme withdrawal
- Lack of communication
- Unusual behavior
There are additional steps you can take to ensure that your loved ones are not being abused or neglected in their residences. These include:
- Frequent visits scheduled at different times of day, varying days of the week and weekend, and during mealtimes to ensure that your relatives are not socially isolated; observing staff members, and making certain that the staff knows your family is involved and that a member might pop in at any time. Establishing networks of friends can be extremely helpful to residents who are capable of communicating. Making sure they contact each other at least once a week can help ward off social isolation, a breeding ground for abuse and neglect. Supervising the care residents receive can be invaluable in ensuring that your loved ones are taken care of properly. You should work with the nursing staff to develop a plan of care, making sure that it is implemented and that it works. Furthermore, you should maintain notes on the physical and mental condition of the resident, and examine medical records on a regular basis. It is also important to establish relationships with the nursing staffs and directors. Participating in activities and bringing young family members, such as grandchildren, may add excitement and joy to the life of relatives or friends.
- Initiating discussions with your relative or friend about daily living in the residence. If your loved one is unable to communicate with you or has a problem with impaired memory, try to speak with other residents, especially a neighbor or roommate who may be more aware of what is happening.
- A good source of information regarding nursing homes is the long-term care ombudsman. The ombudsman visits nursing homes on a regular basis, investigates complaints, advocates for residents and mediates their disputes. There are over 500 local ombudsman programs across the United States. You can obtain more information from your ombudsman www.ltcombudsman.org (federal) or www.ombudsman.state.ny.us (New York).
In addition, you can compare one facility to another by using www.medicare.org, going to search tools and clicking on "compare health agencies in your area." This Web site provides a wealth of information including quality of care, inspections, staffing and resources.
Are you seeking a nursing home New York attorney? Contact our Nursing Home New York attorney for a free consultation today!
