Nursing home abuse and neglect cases are common in the United States. About 5 million elderly Americans experience some form of abuse every year, according to National Council on Aging (NCOA). Most of the cases go unreported.
Nursing home residents are more likely to suffer abuse if they don’t socialize with their relatives more often or regularly. Elderly people are at risk of suffering neglect in any nursing homes or assisted living facilities in the country.
The good news is that family members of the elderly person who has suffered nursing home abuse and neglect can take legal action. It is possible to sue a nursing home for negligence successfully, get justice and compensation, and protect other residents in that facility.
Nursing home neglect is the failure by the staff members of the facility to uphold or meet professional standards set by state laws. It can take numerous forms, including failure to hire enough staff, lack of proper training of the employees, or inadequate medical equipment.
On the other hand, elder abuse in a nursing home happens when a staff member intentionally mistreats or inflicts harm resulting in injuries, pain, and suffering (mentally or physically).
It is common for family members to fail to recognize nursing home cases of neglect suffered by their elderly relatives.
Bedsores happen due to oxygen failing to reach the cells when pressure is exerted on the skin. This can lead to permanent injury or even death. The best remedy is to ensure nursing homes residents have mattresses with air bubbles and take baths using medicated soaps.
Nursing home patients are at high risk of falls because of advanced age and health conditions. It is the responsibility of the nursing home staff to make sure they are providing adequate care and supervision.
For instance, the staff should ensure the elderly persons under their care safely use their walkers and wheelchairs. Serious injuries resulting from nursing home accidents may include fractures, broken limbs, or death.
Some of the infections suffered by nursing home residents are caused by disinfected common areas in the facilities such as furniture, floors, and equipment. These failures can cause life-threatening diseases that can easily affect elderly people because they have compromised immune systems.
Nursing homes are expected and required to hire competent and licensed care staff members and doctors. Nursing homes with understaffed or without properly trained employees can fail to provide the necessary medical care to their elderly patients. Examples of lack of proper medical care include not giving medications at all or when it’s too late.
Food and water are essential for better health and patients’ recovery in a nursing home facility. It is especially important if the patient has surgery or any other major disease. The health of the elderly could become more complicated or even fatal if a staff member or the nursing facility fails to provide food or help with eating. This failure may constitute a nursing home neglect case.
Each state has set standards for nursing homes to comply with for the number of employees they must employ. Failing to adhere to the patient-to-ratio rule is a case of nursing home neglect. Few nursing home staff members might fail to meet the demands of the patients, which might lead to the suffering of bad health or injuries because of neglect.
Nursing homes are required to report if they witness or see any signs of a patient’s neglect or abuse by the family caregiver. The elderly can end up suffering serious harm or injury such as broken bones, bruises, and other injuries. Nursing homes are also held responsible for neglecting to report the suffered abuse or neglect that caused harm or injuries to the patient.
Nursing should provide side-bed call buttons or alarms to enable the patients to seek help or assistance at all times. For instance, an elderly resident might fall or experience pain and need immediate help. Lack of these devices can lead to serious injuries or death.
Nursing home fires can be very dangerous whether they happen during the day or at night. If there are no adequate fire protection measures such as extinguishers to halt the spread of small fires or enough staff to move elderly residents to a safe place. In that case, there could be serious injuries or even fatalities.
Nursing home lawsuits must show certain elements existed to win financial compensation. In the State Of New York, your attorney must prove the following elements to the court as evidence of negligence:
1. Establish how the defendant (the nursing home facility or staff) owes the plaintiff (patient, nursing home resident, or the victim in the case) a duty of care.
2. Should prove the breach of the duty of care by the defendant, meaning either the staff or the nursing home failed to do something or were responsible for doing a thing they are not required to do by the law.
3. The breach of the duty of care resulted in injuries suffered by the nursing home resident
4. The injuries cause damages like medical bills and other expenses
The best interests of your elderly loved one should be the top priority of the nursing home and its entire staff. The proper care that is required to be provided by the staff of the nursing homes or assisted care facilities to include:
As a family member or a relative to an elderly resident, you must know some of the warning signs of nursing home abuse or neglect may include:
Elder abuse cases in nursing home lawsuits that may be perpetrated by staff, employees, or visiting people include:
The best thing to do is to act quickly if your loved one has suffered abuse to prevent further harm or avoid putting them in a more dangerous situation. The first thing you should do is to report the neglect or the abuse incident to nursing home administrators o the authorities such as the police.
After filing the original report, the next best option is to find a nursing home abuse attorney or negligence lawyer for wise legal advice.
Nursing homes can be held liable for the abuse, injuries, and mental pain and suffering of the victim or resident. In a case where neglect or abuse resulted in the nursing home resident’s death, an attorney can help file a wrongful death lawsuit.
A nursing home neglect lawsuit process should begin immediately, and a good way to start is to find an experienced attorney who will first provide legal help in filing a complaint which will include:
Taking legal action by filing a nursing home lawsuit can help you and your family get financial compensations or settlement to pay medical bills and costs.
It will help protect other nursing home residents, the facilities that have been sued for negligence or inadequate care will improve staff training and other policies. The nursing facilities will change the running of their facility care operations to avoid future lawsuits and improve their services.
However, if you delay or wait for too long, you may fail to file a nursing home neglect lawsuit. In New York State, the statute of limitations is three years for any case involving a personal injury lawsuit, including a nursing home negligence case.
You will need to look for a personal injury lawyer with good experience in nursing home lawsuits to provide legal guidance and help you file your case within the set deadline.
A personal representative of the deceased’s estate or the family members can file a wrongful death lawsuit if the wrongful act or neglect was responsible for the nursing home resident’s death.
When a nursing home fails to provide adequate attention and care, it may lead to death. Filing a wrongful death lawsuit will enable the family to get justice for the death of their kin while also preventing fatal incidents in the future.
Some of the actions that are common contributing factors to wrongful death in nursing homes include extreme slip and fall accidents’ injuries, lack of supervision or proper care, understaffing, severe infections like sepsis, physical abuse, choking, and medication error.
Each nursing home lawsuit is different, and so is their worth. However, a recent study by a Health Affair’s peer-reviewed journal found that the average amount awarded as compensation in nursing home lawsuits is $406,000.
The most appropriate step to make is to hire an attorney with the right experience to help sue a nursing home for negligence on behalf of your elderly family member who is a resident in a New York Nursing home.
At Gregory Spektor & Associates, our personal injury attorneys specializing in nursing home neglect cases are highly experienced, skilled, friendly, honest, and reliable.
We have helped many victims get compensation and conveniently pay their outstanding bills in treating their injuries and catering for other expenses. Our team of lawyers or trusted advocates is always committed to providing quality legal services in, New York.
Contact us today for free legal case review and let us help with your nursing home case; we will immediately begin work to file a lawsuit and work hard to ensure you get fair compensation.
To see how our solutions can help you resolve your concerns, do not hesitate to book an appointment with us today. We will be here to offer a free consultation to understand your situation and guide you through your case.
