If you or a loved one has been a victim of nursing home neglect or abuse and has suffered injuries as a result, you may be eligible for a lawsuit.
Please contact Faraci Lange attorneys for a free legal consultation today.
When you have to make the painful and difficult decision to place your elderly loved ones in the care of others, you want to know that they will be taken care of and will be safe.
As a nursing home resident, your loved one has the right to:
- Dignity, respect and a comfortable living environment
- Quality of care and treatment without discrimination
- Freedom of choice to make their own decisions
- The safeguard of their property and money
- Safeguards in admission transfer and discharge
- Privacy in communications
- Participate in organizations and activities of their choice
- An easy to use and responsive complaint procedure
- Exercise all rights without fear of reprisals
Falls and Fractures
One of the most common events suffered by a resident in a nursing home is a fall. This can be the result of improper assessment of an individual’s medical condition, or failure to provide proper safeguards to prevent injury. While a fall can be a simple accident, repeated falls, falls resulting in fractures, falls suffered after a loved one has wandered unattended, or unexplained fractures are signs that staff at the facility may not be following required standards of care.
Failing to provide adequate nutrition, or failing to assist a resident in changing positions often enough can result in development of a bed sore. If not properly treated, bed sores can become gaping wounds that can be the source of infection and significant pain and suffering. Simple techniques can be used to prevent these injuries from creating deforming and life threatening injuries. If your loved one has suffered multiple bed sores, or bed sores which have become large and/or infected wounds, you should question the care being delivered.
Malnutrition and Dehydration
The elderly population is particularly vulnerable to significant health risks that can result from malnutrition and/or dehydration. Allowing either of these conditions to continue without proper treatment can result in life threatening complications.
Improper Assessments and Failure to Adequately Plan Appropriate Care
When an individual enters a nursing home, a thorough and careful assessment of their medical conditions and requirements for care must be done. Based on that assessment, an initial plan of care must be developed. When care plans are not properly drafted, or when the medical conditions change and the care plan is not updated, a dangerous situation is created. Facilities should regularly assess residents for changes in health that require a change in the type and/or level of care being provided. Any necessary changes should be documented and implemented as soon as possible. These can include fall prevention strategies, changes in medications, changes in levels of assistance and supervision required, or other physical requirements. When this important process is not followed, a resident’s health is jeopardized.
Want More Information on Your Facility?
New York State’s Nursing Homes are inspected on an annual basis by the New York State Department of Health. Profiles detailing results of inspections and basic information available on your nursing home can be found by visiting the Department of Health’s Nursing Home Profiles website.
To register a nursing home complaint with the Department of Health, you can access a complaint form here.