Making the decision to leave your aging loved one in the care of a facility can be difficult. However, if you are unable to manage their care, you may feel peace of mind with this decision, as you know the care they are receiving is more than you can manage. That is why learning that your loved one has suffered abuse or neglect at the hands of those you entrusted with their care can be devastating. If this reflects your circumstances, the following blog explores what you should know about these matters, including the most common signs of neglect or abuse, the steps you should take to protect your loved one, and your legal options. You’ll also learn the importance of working with a New York City medical malpractice lawyer to help you in the fight for justice.
What Is Nursing Home Negligence in New York?
Nursing home negligence occurs when the staff or facility where they are residing fails to provide basic care, ultimately resulting in harm. Common forms of negligence often include:
- Medical neglect
- Unsanitary or unsafe conditions on the premises
- Lack of supervision
- Failure to prevent injuries
- Improper nutrition
The staff at nursing homes and other long-term care facilities have a legal duty to protect those in their care while providing professional-level care.
In New York, nursing homes are regulated under state health and safety laws, and as such, are subject to inspections and supervision to ensure residents receive adequate care. If facilities fail to meet these standards, residents and their families may have the right to file both regulatory complaints and civil claims.
Common Signs of Nursing Home Negligence or Abuse
Though it can be unpleasant and upsetting to think about, nursing home abuse can take many different forms. As such, if your loved one is a current resident of a nursing home or assisted living facility, you should familiarize yourself with the signs that they may be a victim of abuse or neglect at the hands of the staff or administration.
Physical and Environmental Warning Signs
- Frequent and persistent bedsores and pressure ulcers
- Unexplained bruises, cuts, or injuries
- Frequent and unexplained falls
- Soiled bedding and unsanitary conditions
- Poor hygiene
- Malnutrition and dehydration
- Unexplained loss of personal items
- Infections, like sepsis or UTIs
- Medication errors
- Choking incidents
- Elopement or wandering injuries
Behavioral and Emotional Indicators
- Sudden changes in mood, appetite, or sleeping patterns
- Complaints of verbal or physical mistreatment
- Signs of fear or withdrawal surrounding certain staff members
Medical Consequences of Neglect
- Severe infections
- Worsening of chronic conditions
- Organ complications from malnutrition or dehydration
- Serious injuries from falls
- Emotional and psychological harm
What Should You Do if You Suspect Neglect or Abuse in NYC?
Learning or uncovering signs that your loved one has been a victim of those you trusted with their care can be incredibly distressing. However, taking immediate action is critical to protect your loved one from further harm.
Immediate Steps to Take
- Call 911 if you believe your loved one is in immediate danger or requires urgent medical care
- Take photos and videos of unsafe and unsanitary conditions
- Record your observations
- Inform the administrator of the nursing home of the unsafe conditions in writing
- Gather contact information of witnesses
- Ensure that your loved one receives adequate medical care
File an Official Complaint With New York Authorities
- Call the Nursing Home Complaint Hotline
- Use the New York State Nursing Home Complaint Form to report suspected negligence or abuse
- Contact Adult Protective Services
How Nursing Home Negligence Is Proven in New York City
To demonstrate that negligence has occurred in accordance with New York State law, you are generally required to show that the four elements of negligence are present. If even one is missing, you may be unable to recover the justice and compensation that your loved one deserves.
Elements of Negligence
- Duty of Care: The nursing home had a legal obligation to keep your loved one safe and provide adequate care
- Breach of Duty: The facility or employees failed to meet that standard of care
- Causation: The negligent breach of duty caused direct harm to the resident
- Damages: The resident suffered physical, emotional, or financial losses as a direct result of the injuries
How Long Do I Have to File a Claim Against the Facility?
New York, like all states, imposes strict filing deadlines for those looking to bring claims against negligent parties. As such, understanding when you must file a claim is critical to ensure you can fight for justice.
New York Statute of Limitations Overview
- Personal Injury Claims: Generally, three years from the date of the injury or when it is discovered
- Wrongful Death Claims: Generally, two years from the date of the death
- Municipal-Run Facilities: In accordance with New York Law, injuries caused by government employees or facilities are required to be disclosed in a Notice of Claim within 90 days of the incident
Failure to meet these deadlines can result in the dismissal of your claim, even if negligence and damages are overtly apparent.
Contact an Experienced New York City Injury Attorney
At Mark L. Bodner, P.C., we understand how overwhelming navigating the legal system can be after you learn that your loved one was a victim of abuse or neglect in their nursing home. That is why our firm is committed to helping you fight for the best possible outcome. When you need assistance, contact our firm today to learn how we can represent you.