Unveiling the Alarming Reality of Nursing Home Negligence and Abuse in New York

Approximately 3.2 million Americans reside in nursing homes, with 109,830 elderly patients living in such facilities in the state of New York. However, the unfortunate truth is that nursing home negligence and abuse are distressingly common. In a study involving 2,000 nursing home residents, a shocking 44 percent reported being abused, while 95 percent claimed they had witnessed neglect of other residents. Tragically, those subjected to abuse in nursing homes face a 300 percent higher risk of death compared to elders who experience no abuse.

Understanding the Causes of Nursing Home Negligence and Abuse:

With the elderly population increasing rapidly, nursing home numbers are also on the rise. Despite hopes for nursing homes to provide a safe and comfortable environment for our loved ones, this is not always the case. Many nursing homes are owned by profit-focused corporations that prioritize financial gains over the health and safety of their residents. Staff members may lack proper training or fail to prioritize the well-being of the elderly residents, making them susceptible to abuse and negligence.

Seeking Legal Help for Nursing Home Negligence:

Nursing home negligence can lead to severe injuries and a lifetime of pain and suffering for the elderly residents. If you suspect or witness signs of neglect or abuse in a nursing home, it is essential to seek immediate assistance from an experienced New York nursing home lawyer at Talisman & DeLorenz, P.C.

Recognizing Signs and Consequences:

Nursing home neglect often goes unnoticed, with some attributing deteriorating conditions of their elderly loved ones solely to the aging process. However, neglect may manifest in various ways, gradually worsening and compromising the basic needs of the residents. Failure to provide adequate food, supervision, hygiene assistance, proper clothing and shelter, protection from harm, medication administration, and qualified medical care are some signs of nursing home negligence. In some cases, elderly patients may be improperly restrained or neglected in turning, leading to painful bedsores.

The Role of the Federal Nursing Home Reform Act:

To safeguard the rights and well-being of nursing home residents, the Federal Nursing Home Reform Act established regulations defining minimum standards of care. These regulations aim to ensure that every nursing home resident receives the necessary healthcare, dietary services, social support, rehabilitation, and pharmaceutical care. Nursing homes operating under Medicare and Medicaid must adhere to more uniform certification requirements, including the development of individual care plans for each resident, along with appropriate activities and services.

Legal Rights of Nursing Home Residents in New York:

In the State of New York, nursing home residents deprived of their rights leading to injury are entitled to a private statutory cause of action under Public Health Law §28.  These actions allow for the recovery of punitive damages, recovery of attorneys fees and a separate item of damages on the jury verdict sheet for simply “death” without the necessity for pecuniary loss to dependents for wrongful death.  This private right of action is separate from medical malpractice and negligence, providing additional protection and legal recourse for affected individuals.

Contact Talisman & DeLorenz, P.C. – Your New York Nursing Home Negligence Attorneys:

If you or someone you love has suffered from nursing home negligence in New York, it’s vital to have an experienced personal injury law firm on your side from the very beginning. At Talisman & DeLorenz, P.C, we have over 50 years of extensive experience representing injured construction workers and their families. As Members of the Multi-Million Dollar Advocates Forum and the National Top 100 Trial Lawyers, we are committed to fighting for your rights and ensuring your future is protected.

Call us today at 718-302-6802 for a free consultation and review of your case, or fill out our confidential online contact form. You deserve a strong legal advocate who will stand by you, advocating for your rights and future.