What is Nursing Home Neglect?
Nursing home neglect occurs when your loved one does not receive the standard of care they are entitled to, and as a result, suffers an injury or a worsening condition. Neglect is not necessarily based on intentional misconduct. Instead, it often arises from staff members’ careless or reckless behavior.
Our New York nursing home abuse lawyers find that residents often suffer when facilities are understaffed and when staff members are not adequately trained and supervised. These issues typically result in staff members not maintaining the environment or not caring for residents to the degree they should.
Effects of Nursing Home Neglect
Nursing home neglect can be mild, and you may not notice it is going on. However, our nursing home neglect lawyers have handled many claims in which nursing home neglect is persistent and leads to serious health issues for residents.
Some of the most common effects of negligent care are:
Bed Sores
Nursing home residents with physical impairments and those who are improperly restrained are at risk of developing pressure sores where their skin is in continuous contact with another surface, like a bed or wheelchair. Bed sores, also known as pressure sores, are not a normal part of aging or living in a facility. If you notice that your loved one is suffering from one or more bed sores, call a nursing home abuse lawyer right away.
Falls
When nursing home residents are not appropriately supervised and supported as they move about, they are much more likely to fall. At Hecht, Kleeger & Damashek, P.C., we represent many elderly individuals dealing with falls and fractures in nursing homes. Falls, when you are young, are not necessarily dangerous. However, for seniors, falls can lead to broken bones and head trauma.
Dehydration
Many seniors do not receive enough water and other liquids throughout the day, which can lead to dehydration. In turn, dehydration can cause or exacerbate other health conditions. Nursing home staff members are responsible for ensuring residents do not suffer from dangerous dehydration.
Malnutrition
Seniors living in a nursing home rely on the facility and staff members to receive their meals. If the meals are not appropriately planned, or your loved one is not taken to the cafeteria or brought meals, they can suffer from malnutrition. Like dehydration, this can lead to serious medical conditions and reduce their quality of life.
Dirty clothing and linen
Nursing home residents rely on the staff for their bedding and clothing to be laundered. When these tasks are ignored, residents can find themselves living in unsanitary conditions.
Poor hygiene
Nursing home residents should receive help from staff members in regard to brushing their teeth and bathing. If your loved one is not cared for in this way, their hygiene can suffer, and as a result, they may have an increased risk of infection.
What is Nursing Home Abuse?
Elder abuse in nursing homes is all too common. While neglect may be the result of staff members’ carelessness and substandard care, abuse is intentional. Elder abuse is the result of willful and harmful conduct by an individual against a senior, who in many circumstances, cannot protect themselves with fewer options to resolve the situation on their own.
Examples of Elder Abuse
Our New York elder abuse lawyers represent individuals who have suffered from:
Elder Physical Abuse
Physical abuse against the elderly often encompasses, hitting, slapping, pushing, kicking, physical restraints, and chemical restraints, such as being over-medicated.
Elder Sexual Abuse
Another individual may take advantage of your relative by performing sexual acts without their consent, including oral, vaginal, and anal intercourse.
Elder Emotional/Psychological Abuse
Abuse against the elderly is not always physical. A caretaker can severely harm your relative without lifting a finger through name-calling, blaming, shaming, humiliating, berating, and isolating them.
Elder Financial Abuse
Seniors may be manipulated into giving someone “gifts” or transferring property into another person’s name. Caretakers may also directly steal money and property. Additionally, seniors are often taken advantage of through scams and over-billing for facility services.
If you believe your relative is being abused, manipulated, or being taken advantage of, call a New York nursing home abuse lawyer immediately. We will help move your loved one to a safe environment, get appropriate medical care, and fight to set things right by pursuing maximum compensation for their damages.
Nursing Home Residents’ Rights in New York
Your elderly loved one gives up a lot when they move into a nursing home or care facility. However, under New York’s Nursing Home Bill of Rights, they retain many rights concerning their living arrangements, privacy, and care.
Seniors living in nursing homes have the right to:
- Dignity and respect
- A comfortable living environment
- Be free from restraints
- Be free from discrimination
- Be free from physical, sexual, verbal, and mental abuse
- Be informed of services and fees in writing
- Self-determination
- Handle their own money and property
- Participate in activities of their choosing
- Choose their own schedule
- Have visitors
- Private communications
- File complaints
- Voice grievances without fear of retaliation
If you or your loved one believes their care facility is violating any of these rights, do not hesitate to call us to discuss your options, including filing a complaint, seeking to move to a new facility, or filing a nursing home lawsuit.
What are the Signs of Nursing Home Abuse?
Recognizing the signs of nursing home abuse is crucial to ensure the well-being of your loved one.
Keep an eye out for these signs. Check with your loved ones if you notice any of these.
Physical Abuse
The presence of unexplained injuries can be a sign of physical abuse. Injuries like bruises, cuts, broken bones, or signs your loved one was restrained can be tied to abuse.
Neglect
Issues like dehydration, malnutrition, bedsores, poor hygiene, or not receiving medications properly are signs that staff or caretakers are neglecting or abusing your loved one. Some staff will withhold food, drink, or medication to punish uncooperative residents. Your attorney can help you investigate your loved one’s neglect.
Emotional Abuse
Not all abuse or neglect will have physical indications. Some changes in behaviors can indicate neglect. Your loved one may withdraw from social activities, display signs of depression, anxiety, or fear of their caregivers.
Financial Exploitation
Your loved ones may be abused financially by the staff. Signs include missing valuables, unexplained financial transactions, or pressures to change their estate plans.
Social Isolation
Your loved one could be neglected by nursing home staff by restricting their social interactions. Your loved one could receive restricted visitation or unexplained changes in their ability to see their family.
Who Can be Liable for Abuse or Neglect in the Nursing Home?
If your loved one has been neglected or abused in a long-term care facility or a nursing home, identifying liable parties is crucial. You will need to be able to prove their involvement in your loved one’s suffering. Your nursing home abuse attorney can help you find any responsible parties.
There can be more than one party involved in your loved one’s abuse. Anyone who contributed to their injuries or deaths can be found liable.
Possible parties in a nursing home abuse case include:
- Doctors
- Physician assistants
- Registered nurses (RNs)
- Licensed practical nurses (LPNs)
- Licensed vocational nurses (LVNs)
- Certified nursing assistants (CNAs)
- Contracted vendors or caregivers
- Custodians, groundskeepers, or maintenance staff
- Parent companies
- Visitors
- The nursing home facility
How a NYC Nursing Home Abuse Lawyer Can Help
Confronting nursing home abuse is distressing, especially when it impacts someone you care about. If you believe that a loved one has suffered from abuse or neglect in a nursing home setting, engaging a proficient NYC nursing home abuse lawyer is essential.
At Hecht, Kleeger & Damashek, P.C., we are dedicated to leveraging our vast experience and our successful history of advocating for elder abuse victims to support and guide you through this challenging time:
Investigate the Abuse or Neglect
Our skilled legal team will thoroughly investigate the allegations of abuse or neglect, gathering crucial evidence, reviewing medical and facility records, and interviewing witnesses to build a compelling case on your behalf.
Negotiate with Nursing Homes and Insurance Companies
We possess the expertise to negotiate assertively with nursing home administrations and insurance firms, ensuring they take your claims seriously and strive to secure a settlement that fully acknowledges the extent of your loved one’s suffering and losses.
Maximize Compensation
Recognizing the severe impact of abuse or neglect on the elderly, we are committed to obtaining maximum compensation to cover medical expenses, rehabilitation, emotional trauma, and other related costs, ensuring a more comfortable and dignified life post-incident.
Champion Elder Rights and Safety
Our mission extends beyond individual claims. By holding negligent parties accountable, we aim not only to secure justice for your loved one but also to advocate for higher standards in elder care, contributing to the prevention of future abuse and fostering a safer environment for all nursing home residents in New York City.
