Nursing
Home New York Attorney
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.
Are you seeking
a nursing home New York attorney? Contact
our Nursing Home New York
attorney for a free consultation
today!
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.
Are you seeking
a nursing home New York attorney? Contact
our Nursing Home New York
attorney for a free consultation
today!
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!
If you would like more information on negligence
and abuse, please visit our links
page.
Michael Gunzburg is a New York Nursing Home
Negligence Attorney serving the New York Metropolitan
area, including New York City, Bronx, Brooklyn,
Manhattan, Queens, Staten Island, Nassau, Suffolk,
Westchester, Rockland and Orange County. |