Understanding Your Loved One’s Rights: Preventing Nursing Home Abuse and Neglect in Long Island

When families place their beloved family members in nursing homes whether in Long Island, Nassau County, Suffolk County, Queens, Brooklyn, the Bronx, Staten Island or in Manhattan, they trust that their loved ones will receive the highest standard of care. Unfortunately, nursing home abuse and neglect are all too common in facilities across the nation.

It is crucial for families to understand the rights of their loved ones in nursing homes and the responsibilities of these facilities. In this blog post, we will discuss the rights of nursing home residents, federal and state regulations governing nursing homes, and how to recognize signs of abuse and neglect. If you suspect that your loved one is suffering from nursing home abuse or neglect, contact Alonso Krangle, LLP at (800) 403-6191 to pursue their rights and seek justice.

Residents’ Rights in Nursing Homes

Federal and state laws protect the rights of nursing home residents, ensuring that they receive the care and respect they deserve. The following are some key rights that nursing home residents are entitled to:

1. The right to be treated with dignity and respect
2. The right to be free from abuse, neglect, and exploitation
3. The right to privacy and confidentiality
4. The right to participate in their care, including the development and implementation of their care plan
5. The right to make choices about their daily life, including their schedule, activities, and personal items
6. The right to voice grievances without fear of retaliation

Understanding Regulations Governing Nursing Homes

Nursing homes in Long Island, Nassau County, and Suffolk County are subject to both federal and state regulations. The Centers for Medicare & Medicaid Services (CMS) is the federal agency responsible for overseeing nursing homes that participate in the Medicare and Medicaid programs. CMS sets standards for the quality of care, staffing levels, and residents’ rights.

New York State Department of Health (NYSDOH) is responsible for licensing and regulating nursing homes within the state. NYSDOH conducts annual surveys to ensure that nursing homes meet state and federal requirements. They also investigate complaints and incidents reported by residents, family members, and nursing home staff.

Recognizing Signs of Abuse and Neglect

It is essential for families to be vigilant and recognize signs of abuse and neglect in their loved one’s nursing home. Some common indicators of abuse and neglect include:

1. Unexplained injuries, such as bruises, cuts, or fractures
2. Sudden changes in behavior or mood
3. Poor personal hygiene and unclean living conditions
4. Malnutrition or dehydration
5. Unexplained weight loss or gain
6. Frequent infections or illnesses
7. Reluctance to talk about their experiences in the nursing home

If you notice any of these signs or have concerns about the care your loved one is receiving, it is crucial to take action and report your suspicions to the appropriate authorities.

Taking Action to Protect Your Loved One

When you suspect nursing home abuse or neglect, it is important to take immediate action to protect your loved one. The following steps can help you address your concerns and ensure your loved one’s safety:

1. Speak with your loved one and listen to their concerns
2. Document any evidence of abuse or neglect, such as photographs or written accounts
3. Report your concerns to the nursing home administrator and the NYSDOH
4. Consider contacting an experienced nursing home abuse attorney to discuss your options

Contact Alonso Krangle, LLP for Help if You Suspect Nursing Home Abuse

If your loved one has suffered abuse or neglect in a Long Island nursing home, it is essential to take action to protect their rights and seek justice. The experienced attorneys at Alonso Krangle, LLP are dedicated to holding nursing homes accountable for their actions and ensuring that your loved one receives the care and respect they deserve. Contact us today at (800) 403-6191 to discuss your loved one’s situation and learn more about your options for pursuing justice on their behalf.

Child sexual abuse is a heinous crime that affects millions of children worldwide. It is a violation of their basic human rights and a tragedy that leaves lasting physical, psychological, and social scars. In an effort to raise awareness and take action against this grave issue, the Global Day to End Child Sexual Abuse was established. In this blog post, we will discuss the background and history of this important day, the prevalence of child sexual abuse worldwide, and how you can get involved in the fight against it. If you have questions or concerns regarding sexual abuse, please do not hesitate to contact Alonso Krangle, LLP at (800) 403-6191 for assistance.

Background and History of the Global Day to End Child Sexual Abuse

The Global Day to End Child Sexual Abuse was established to bring attention to the widespread issue of child sexual abuse and to encourage individuals, communities, and governments to take action against it. The day aims to promote awareness, education, and advocacy in order to create a world where children are safe from sexual abuse and exploitation.

Various organizations and governments around the world support this day by organizing events, campaigns, and activities to raise awareness and educate the public about the issue. These efforts are crucial in mobilizing people to take action against child sexual abuse and to support survivors in their healing journey.

The Prevalence of Child Sexual Abuse Worldwide

Child sexual abuse is a global problem that affects millions of children, regardless of their gender, age, or socioeconomic background. According to the World Health Organization, approximately 1 in 5 girls and 1 in 13 boys have experienced sexual abuse in their lifetime. These statistics are alarming and highlight the urgent need to address this issue.

The effects of child sexual abuse on victims are profound and long-lasting. Physically, victims may suffer from injuries, sexually transmitted infections, and other health problems. Psychologically, they may experience depression, anxiety, post-traumatic stress disorder, and suicidal thoughts. Socially, victims may struggle with forming healthy relationships, trusting others, and maintaining a positive self-image.

Child sexual abuse is a complex issue with multiple contributing factors. Cultural factors, such as societal norms that condone or perpetuate abuse, can play a role. Economic factors, including poverty and lack of access to education, can also contribute to the problem. Legal factors, such as inadequate laws and enforcement, can hinder efforts to prevent and prosecute child sexual abuse.

How to Get Involved in the Global Day to End Child Sexual Abuse

There are several ways you can get involved in the Global Day to End Child Sexual Abuse and contribute to the fight against this heinous crime:

1. Participate in events and activities: Many organizations and communities organize events, such as workshops, seminars, and awareness campaigns, to mark the Global Day to End Child Sexual Abuse. Participating in these events can help you learn more about the issue and how you can contribute to the fight against it.

2. Raise awareness through social media: Use your social media platforms to share information, resources, and stories related to child sexual abuse. By raising awareness, you can help break the silence surrounding this issue and encourage others to take action.

3. Support organizations working to end child sexual abuse: Many non-governmental organizations and charities work tirelessly to prevent child sexual abuse, support survivors, and advocate for stronger laws and policies. Consider donating your time, money, or resources to support their efforts.

4. Educate yourself and others: Learn about the issue of child sexual abuse, its causes, and how it can be prevented. Share this knowledge with your friends, family, and community to help create a safer environment for children.

5. Report suspected cases of child sexual abuse: If you suspect that a child is being sexually abused, report it to the appropriate authorities. By doing so, you can help protect the child and potentially prevent further abuse.

The Global Day to End Child Sexual Abuse is a crucial opportunity to raise awareness and take action against a crime that affects millions of children worldwide. By getting involved in the fight against child sexual abuse, you can help create a world where children are safe from harm and exploitation.

If you have questions or concerns about sexual abuse, please do not hesitate to contact the experienced attorneys at Alonso Krangle, LLP. We are here to help and provide the guidance and support you need. Call us at (800) 403-6191 for assistance.

Together, we can make a difference in the lives of countless children and work towards a future free from child sexual abuse.

Multidistrict litigation (MDL) is a legal procedure used to consolidate and streamline multiple cases that involve similar issues and are filed in different federal district courts. MDLs can facilitate the efficient handling of complex litigation, such as mass torts, which involve numerous plaintiffs who have been harmed by a defendant’s actions or products. In the context of the Hair Relaxer Marketing Sales Practices and Products Liability Litigation, the MDL seeks to address the claims of plaintiffs who allege that they have been harmed by the use of certain hair relaxer products.

A recent NIH-funded study published in October 2022 found a concerning association between the use of chemical hair relaxers and an increased risk of uterine and ovarian cancer. The study warned that Black and/or African American women may be disproportionately affected due to their higher prevalence and frequency of hair product use, younger age of initiating use, and the harsher chemical formulations in products marketed to them.

Some of the brands involved in the hair relaxer lawsuits include Motions, Dark & Lovely, Soft & Beautiful, Optimum Care, Creme of Nature, Just for Me, Carson Soft Sheen, and Olive Oil. These products, which are sold for both at-home and salon use, often contain hazardous chemicals like phthalates, which have been linked to increased cancer risk. However, due to FDA regulations, these chemicals do not need to be individually labeled when combined with “perfume” or fragrance, making it difficult for consumers to know what they are exposed to.

In an effort to keep you informed about the ongoing Hair Relaxer Marketing Sales Practices and Products Liability Litigation, I wanted to share some insights about a recent court order that may impact the plaintiffs in this case. Judge Mary M. Rowland has issued Case Management Order No. 2 (CMO No. 2) on March 30, 2023 to streamline the process for filing new cases related to this multidistrict litigation (MDL).

To promote judicial efficiency and eliminate delays, CMO No. 2 allows plaintiffs to file their cases directly in the United States District Court for the Northern District of Illinois, which is where MDL No. 3060 is currently being heard. Plaintiffs who choose to file their cases directly will need to pay the standard New Action Filing Fee and follow specific guidelines set forth in the order.

It’s important to note that this direct filing is for pretrial proceedings only, and it does not waive any party’s right to challenge jurisdiction, choice of law, statutes of limitation, or other legal rights. Once pretrial proceedings are completed, the cases will be transferred to their designated Original Venue, unless the parties agree to try the cases in the Northern District of Illinois.

Moreover, CMO No. 2 states that the direct filing of a case in the MDL will not impact the choice of law, waive personal jurisdiction, or affect service by any named defendant. The order also outlines the process for determining the Original Venue and provides guidance for attorney admission and electronic filing.

The implementation of CMO No. 2 aims to make the litigation process more efficient and organized for all parties involved in this MDL. As the case progresses, we will continue to provide updates and analysis on our blog.

Stay tuned for more information, and contact us with any questions or concerns.

After NY Repeals Immunity, Judge Allows Covid-19 Lawsuit Against Nursing Home To Proceed

During the height of the Covid-19 pandemic, then-Governor Andrew Cuomo signed a law giving nursing homes in NY immunity from liability for Covid-19 related deaths.

The Emergency Disaster Treatment Protection Act (EDTPA) meant that families of patients who died from Covid-19 while under a nursing home or rehabilitation center’s care could not pursue damages even if the actions of health care professionals contributed to their deaths.

The NY assembly voted to repeal the act, and the Senate similarly followed. The repeal became effective in March 2021.

The repeal of immunity for health care providers opened the door for negligence lawsuits related to Covid-19 deaths in nursing homes. However, it is unclear how these lawsuits will resolve and how the courts interpret the application of the EDTPA and its repeal.

Complaint Against Nursing Home Alleges Gross Negligence And Wrongful Death

At least one judge has decided that a lawsuit can proceed to the discovery stage. News station WKBW out of Buffalo, NY, reported that an Erie County judge denied a nursing home’s motion to dismiss a lawsuit filed against it over the Covid-19 death of a resident.

The complaint was filed in April 2021 by Cecelia Robertson on behalf of her sister’s estate, 64-year-old Annette Herron. Herron was a resident at the Humboldt House and Rehabilitation Nursing Center in Buffalo, NY, where she died from Covid-19 in April 2020.

The complaint alleges that Humboldt House failed to properly manage the Covid-19 outbreak that occurred in the nursing home. The complaint accuses the nursing home of negligence, wrongful death, gross negligence, and malpractice.

New York Judge Denies Nursing Home’s Motion to Dismiss Covid-19 Lawsuit

The nursing home filed with the court a motion to dismiss the complaint claiming all health care providers were immune from liability for Covid-related deaths under the EDTPA. The death of Annette Heron occurred during the time the EDTPA was in place, protecting the nursing home from potential liability.

The plaintiff argued that the immunity law did not protect the nursing home for two reasons:

1. When NY repealed the immunity law, it intended to make it retroactive.
2. Even if immunity did exist under the EDTPA, it only applies to acts of negligence. This complaint contains allegations of gross negligence, which would not fall under the immunity law.

The lawyer for the victim’s estate stated, “our claims for gross negligence was not included under the immunity law even if it did still exist. And reckless conduct, intentional or willful conduct was never excused under the immunity provisions.”

The judge denied the plaintiff’s motion to dismiss and allowed the case to move forward into the discovery phase. The decision applies to this case only but might have interesting ramifications on additional lawsuits against nursing homes for Covid-related deaths in NY.

Call Alonso Krangle, LLP If Your Loved One Died While Living In A NY Nursing Home

Call our nursing home neglect and abuse attorneys today if someone you love died or was seriously injured in a NY nursing home during the Covid-19 pandemic. We offer free evaluations of nursing home claims to determine if you are entitled to seek compensation for the injuries or death of your loved one.

Call Alonso Krangle, LLP today at 800-403-6191 to protect your legal right to file a Covid-19 lawsuit against a nursing home.

 

Source:

• https://www.wkbw.com/news/local-news/nursing-home-case-involving-covid-death-will-move-forward

 

You can read the entire complaint here:

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=n6UBuFB3Xl3N2hvh_PLUS_CZTuQ==&TSPD_101_R0=08533cd43fab20001062bacf72a746f687a8e4cf6db6db642021ed8d5184bff3020b7c2115e8107f0895178f3d14300013c3990d580f40fc0ca1d4507c81beb6ce44654c7e1ca184fcbf7289d74c639067d6be881d1db3bfa68c9f1155629578

New Jersey Agrees to Pay $53 to Families of Veterans Who Died From Covid-19 in Nursing Homes

The families of 119 military veterans who died from COVID-19 at state-managed homes during the early days of the coronavirus pandemic will receive nearly $53 million from the state of New Jersey.

Many family members filed lawsuits against the state, accusing it of gross negligence. This out-of-court nursing home settlement resolves those claims for the families, who could receive between 4 and 5 hundred thousand dollars each.

Nursing Home Lawsuits Alleged Nursing Home Neglect

Reports indicate that during 2020, more than one-third of the residents at two New Jersey-run veteran’s homes died from Covid-19; almost 200 people.

Lawsuits were filed by 119 families of the victims. Their complaints included allegations that the nursing homes failed to meet the required standards of care. Stated more simply, the lawsuits blame the deaths on nursing home neglect.

Some allegations against the nursing homes and staff include:

• not following proper infection control measures
• allowing residents to gather knowing new infections were present
• not wearing gloves
• failing to wear masks
• failing to provide adequate care, which might include supervision, mobilization, food, water, medication, emotional stimulation, attention to hygiene

Will States Follow New Jersey’s Lead and Settle Nursing Home Neglect Litigation?

The US has more than 15,000 nursing homes that are Medicare/Medicaid certified. More than 184,000 of the 1.3 million residents and staffers died from Covid-19 as of July 2021.

New Jersey is only state facing litigation over alleged since the Covid-19 outbreak. Some states have made it difficult to pursue claims against nursing homes, but there are multiple litigations pending and being prepared across America.
Covid-19 outbreaks in nursing homes have received widespread attention since the earliest days of the pandemic, with questions raised about the protocols, care, and safety of nursing home residents. Factors like understaffing, patient vulnerability, and unpreparedness may have contributed to high infection and mortality in some nursing homes.

As agencies like the US Centers for Disease Control and Prevention continue to examine the link between nursing home neglect and Covid-19, it remains to be seen what will occur in other nursing home neglect litigation. The $53 million settlement in New Jersey appears to be the first of its kind directly related to Covid-19 deaths in nursing homes. Time will tell if other states attempt to similarly resolve nursing home neglect claims.

Call Alonso Krangle, LLP, If Your Loved One Died In a Nursing Home

Call our nursing home neglect lawyers at 800-403-6191 if someone you love died while living in a nursing home. If the nursing home was negligent, you might be able to collect compensation.

Call Alonso Krangle, LLP today to schedule a free review of your nursing home neglect case.

Keeping Your Loved One In A Nursing Home Safe During The Holidays

The holiday season is a time for families and friends to gather together and celebrate! For many people, this holiday season marks the first time in years loved ones can gather in person. It is a time that should be filled with joy.

But, some families will not have everyone they want at their holiday table. Millions of Americans live in nursing homes, and some of them will be unable to attend celebrations with their loved ones. This can put a damper on the holidays for everyone.

Deciding that someone you love should live in a nursing home is not always an easy one to make. It often means that they can no longer care for themselves, which can be a difficult realization for everyone involved. Nursing home residents often depend on others to assist them with eating, bathing, dressing, and mobilizing. It is always the expectation that the staff and administrators are attentive to the needs of their residents and provide them with the care they require.

Hopefully, after much research, you found a safe place for your loved one. Many nursing homes provide compassionate care and supervision to the seniors who live there. They have staff members who treat their residents with respect and kindness, engaging them in appropriate physical and mental activities.

Sadly, some nursing homes do not meet the standards required by law, and their residents suffer the consequences. Neglect and abuse of nursing home residents are a nationwide problem. Covid-19 protocols have allegedly made it harder for some nursing homes to provide the most basic care to their patients. Restrictions on visitors have made it difficult for families to check in on their loved ones.

Even nursing homes with outstanding reputations have struggled to keep their residents safe and healthy during the last few years. For long stretches, no one could visit nursing homes, making it harder than usual for families and friends to gauge the wellness of their loved ones. Were they lonely? Did anyone talk to them during the day, engage them in activities, or make sure they were clean? Were they eating and drinking? Did they even get out of bed?

Now that the doors to nursing homes have reopened, families can see for themselves how their loved ones are faring. The holidays provide a perfect opportunity to assess the safety of your loved one in a nursing home. Go see them. Not only can you help make their holidays a little brighter, but you can also make sure they are receiving the care they deserve.

Nursing Home Residents Don’t Always Report Abuse And Neglect

It is often up to visitors to notice that nursing home residents are suffering from abuse or neglect. Why don’t the victims report it themselves or advocate for their safety?

There are several reasons for this:

• Residents can’t always speak up for themselves because of physical limitations or fear
• Staff members are often alone with patients, which means there might not be witnesses to the abuse
• Nursing home patients worry no one will believe them
• Nursing home residents often have many ailments making it difficult to know what is the result of abuse and neglect and what is “normal.”
• People tend not to believe stories of abuse told by residents who have memory impairment or dementia
• Being entirely dependent on nursing home staff to provide basic necessities makes it difficult to speak up. Will the abuse get worse? Will they stop feeding you or talking to you?

It might be up to you to notice signs that your loved one is suffering and report your findings to the administration, management, or even the police.

What To Look For When You Visit Your Loved One: Signs of Abuse or Neglect in Nursing Homes

If possible, ask your loved ones questions about the care they are receiving. Take their answers seriously and see if they correlate with what you see for yourself.

Common signs of abuse and neglect might include:

• Bed sores/pressure ulcers
• Dehydration
• Malnutrition
• Falls
• Fractures, or broken bones
• Infections
• Lack of cleanliness
• Soiled clothing or linens
• Extreme agitation
• Bruises, cuts, or welts in various stages of healing or infection
• Extreme withdrawal or isolation
• Unwillingness to speak or obvious fear around certain staff members
• Wandering or elopement
• Unusual or extreme sedation (chemical restraint)
• Changes in medication
• Sudden weight loss or weight gain
• Sexual behavior or sexually explicit language
• Unusual changes in behavior such as fear, rocking, biting

If you see any of these signs, it is important to make sure your loved one is not being mistreated. Find out how those bruises got there. Why do they have bedsores? Are they being repositioned to avoid them? Ask why their meds were changed and by whom. Find out why they don’t want to be touched.

Get help if you suspect your loved one is being neglected or abused in a nursing home.

When Your Loved One In A Nursing Home, Reach Out During The Holidays

Nursing home safety includes emotional and physical well-being. The holidays can be a lonely time for nursing home residents. In-person visits are big boosters, but there are other things you can do to help reduce the loneliness of someone you love who lives in a nursing home.

Consider the following suggestions:

• Add simple, safe, festive, or meaningful holiday decorations to their room
• Encourage them to share stories of past holiday traditions
• Deliver familiar holiday treats to them – perhaps enough to share with friends
• Seek spiritual support for them if appropriate
• Help them to write holiday cards
• Encourage extended family members and friends to send holiday cards
• Organize small virtual holiday gatherings that can help them feel engaged and connected to people they love

These little things can make a tremendous difference to your loved one. Can you think of a better way to honor the spirit of the holidays?

Call Alonso Krangle, LLP, If You Are Worried About Neglect and Abuse In Your Loved One’s Nursing Home

At Alonso Krangle, LLP, our nursing home lawyers can help if you suspect your loved one is suffering from abuse or neglect.

Call us today at 800-403-6191 to schedule a free consultation.

Early in the COVID-19 pandemic, New York Governor Andrew Cuomo enacted a controversial law granting nursing homes and other essential businesses immunity from lawsuits. The law, known as “Emergency or Disaster Treatment Protection Act” shielded these organizations from negligence claims related to COVID-19.

The act was originally tucked into the state budget last year, granting massive immunity to companies running nursing home operations.

Tremendous controversy has haunted Governor Cuomo and his administration, as they are being federally investigated for allegedly covering up 9,000 COVID-related deaths.
Governor Cuomo signed the law on April 6, 2021.

Bronx State Senator Alessandra Biaggi, one of the sponsors of the bill repealing the immunity, is quoted as saying “[t]his blanket immunity prevented thousands of families who lost loved ones to COVID-19 from seeking legal recourse, and potentially incentivized nursing home executives to cut corners — endangering staff and residents.” The New York Democratic Senator had previously indicated to the New York Post “the corporate immunity provision was a license to kill.”

As noted by Assemblyman Ron Kim, “we’re going back to normal standard liability where patients and nursing home residents and families have their rights restored.”

The bill was originally written, in part, by the state’s hospital lobby group and was supported by nursing home associations.

 

Sources:

• https://nypost.com/2021/04/07/bill-repealing-nursing-home-covid-19-liability-protections-approved-by-cuomo/
• https://www.ny1.com/nyc/all-boroughs/politics/2021/03/24/ny-senate-repeals-bill-shielding-nursing-homes-from-covid-19-lawsuits

New York AARP Asks Governor Cuomo to Implement Nursing Home Reforms

Since Covid-19 began to spread about a year ago, the number of nursing home deaths has skyrocketed – nursing home residents comprise more than one-third of Covid-19 related deaths. So too, have stories of severe neglect of nursing home residents, which has led to countless others’ injuries and death.

Abuse and neglect in nursing homes have always existed. The pandemic has provided a much-needed and long-overdue spotlight on the frequency and severity of the problem. Advocacy groups and families of nursing home residents are seizing this opportunity to seek reforms.

AARP New York State Director Finkel stated, “We should not waste this golden opportunity to improve safety and conditions for our mothers, fathers, grandparents, spouses and other loved ones in New York’s nursing homes – and for the staff who care for them.”

What Does the AARP Letter to The Governor Say?

On February 17, 2021, AARP formally asked Governor Cuomo to implement badly needed nursing home reforms. In a letter to the Governor, AARP requested that he include its Five Point Reform Plan in the 2021-2022 state budget proposal.

The plan is the result of a collaboration between AARP, healthcare workers union 1199SEIU, and The Long-Term Care Community Coalition.

The letter urges the Governor to include the reforms in his 30-day Executive Budget Amendments.

The plan would require nursing homes to provide a minimum amount of direct care hours, more staffing, transparency, and other necessities that have been severely lacking, especially during the pandemic. It would also restore families’ rights to seek legal recourse, which were suspended earlier to shield nursing homes from liability for Covid-19 related deaths, neglect, and abuse.

What Does The Five Point Reform Plan Specifically Address?

The Five-Point Reform Plan’s suggested reforms include several crucial areas in need of change, some of which are the direct result of conditions created by the pandemic. It is no secret that nursing home residents have suffered terribly from loneliness and isolation during this time. Short staffing, inability to have visitors and diverted attention can contribute to the rapid emotional and physical decline of nursing home patients. Part of the plan seeks to address these issues. Let’s take a closer look.

Visitation:

This is one of AARP’s biggest concerns, and it asks for the implementation of safe in-person visitation and safe virtual visitation.

This would include “compassionate care visits.” AARP recognizes that social interaction and emotional support from family, friends, and other residents are critical to residents’ emotional and physical health. Visits from the nursing home staff are part of this.

Quality Care:

This includes requiring nursing homes to spend money on things directly related to providing quality care to residents, including increasing staff levels, more direct care, ensuring strict compliance with infectious disease protocols, providing adequate PPE, regular and ongoing testing, and better oversight of and access to the Long-Term Care Ombudsman program.

Transparency:

The plan would require daily reporting of data on fatalities and infectious disease rates of staff and residents in all nursing homes and adult care facilities. It would also require an annual report to the Legislature that is also available to the public.

Home and Community-Based Services:

The plan requests that the Governor increase state funding by $27 million to help provide services and support that would allow elderly New Yorkers to remain in their homes, which is what many would prefer.

There is a waitlist of over 10,000 people seeking these services that “support family caregivers in helping older loved ones avoid costlier, mostly taxpayer-funded nursing homes.”

Retroactive Repeal of Legal Immunity for Nursing Homes

Nursing homes have been granted legal immunity for negligent care provided during the pandemic. The plan urges the Governor to repeal this immunity, allowing the families of nursing home residents who were injured or died because of negligence to seek legal recourse.

Pursuing legal action against a nursing home is not easy, but it should be an option when negligence resulted in harm to your loved one. AARP wants this repeal to be retroactive.

What is the Goal of AARP’s Five Point Reform Plan?

AARP wants to improve conditions for everyone in nursing homes – residents and staff alike. The pandemic has caused unprecedented sadness and confusion and has created nursing home conditions, unlike anything we have seen before.

Finkel stated, “What has happened to our loved ones in nursing homes during the past 11 months is a tragedy. AARP New York stands ready to work with the Governor and Legislature to ensure it stops now and never happens again.”

Call our Nursing Home Lawyers if Your Loved One is the Victim of Nursing Home Abuse or Neglect

At Alonso Krangle, LLP, our lawyers represent nursing home abuse and neglect victims and their families.

Has someone you love suffered severe or fatal injuries while under the care of a nursing home? If so, call Alonso Krangle, LLP today at 800-403-6191 and find out if you are entitled to file a claim.

 

Sources:

• https://states.aarp.org/new-york/aarp-ny-calls-on-governor-cuomo-to-add-five-point-nursing-home-reform-plan-to-nys-budget-proposal
• https://www.prnewswire.com/news-releases/aarp-ny-calls-on-governor-cuomo-to-add-five-point-nursing-home-reform-plan-to-nys-budget-proposal-856303767.html

Can You File a Lawsuit in NY or Other States For Abuse or Neglect in a Nursing Home?

In December 2020, the family of Jakob Khorsandi and two other families filed lawsuits against Silverado Senior Living in California for allegedly abusing or neglecting its residents, resulting in the deaths of three elder patients and a nurse.

Silverado is accused of admitting a resident into their facility without performing the necessary protocols required for identifying Covid-19 symptoms. The staff allowed this person to mingle with other residents in a dining area without proper medical or social distancing precautions.

The following day, the nursing home observed that this resident had Covid-19 symptoms. The virus quickly spread to other residents. Some of them survived, while others did not.

In times of crises such as this, it is important for people living in nursing homes to understand their rights to proper care. Nursing homes have obligations to their residents. When they fail to fulfill those obligations, and someone gets injured or worse, they might be legally responsible for paying damages.

What is Nursing Home Neglect?

Nursing home neglect often involves a caregiver or a nursing home’s failure to fulfill its obligations to someone in their care and custody. This often involves failing to provide basic necessities and essentials, such as food, hygiene, water, medical care, and even overall comfort.

Note, though, that neglect can be different from abuse, although both can result in serious injuries and even death.

What Are Some Differences Between Neglect, Abuse, and Negligence?

According to the Administration on Aging, which is a division of the Department of Health and Human Services, nursing home abuse or elder abuse is the “knowing, intentional, or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable adult.”

Nursing home abuse can include physical, sexual, and emotional abuse. Other forms of abuse can also exist, like financial abuse, so long as the acts caused or cause harm or put the victim in a position of serious risk.

Neglect implies passivity as opposed to abuse which often involves purposefully harmful actions. Neglect, however, can do just as much harm as abuse whether the neglect is purposeful or not. It is the failure to provide basic physical and emotional necessities. Neglect is often considered to be a form of abuse.

Negligence involves a person’s failure to act with the right amount of discretion under normal circumstances. It may be intentional or accidental or both. A certain degree of prudence is required and recognized by the law where a person should act in a certain way during specific situations. Failure to exercise that degree of prudence is to be “negligent.”

Every case of abuse and neglect must be reviewed on an individual basis to determine if a standard of care has been breached. Abuse and neglect can both be considered negligent under the law depending on the specific facts. This is one reason why you should consult with our experienced nursing home neglect and/or abuse lawyers. It is imperative that you understand your rights, hold the nursing home accountable, and keep your loved one safe.

Can I Sue for Nursing Home Neglect or Abuse?

Perhaps. But, there must be a legal standard that has been breached. The nursing home must have acted negligently, recklessly or even with an intent to cause harm.

For example, if your loved one has bedsores, you might think the staff is neglecting them. But if the nursing home has followed all protocols to avoid bedsores, you might not be able to prove there was negligence.

However, if the caregiver failed to turn the patient according to the rules, ignored cries for help, or was left unsupervised, you might be able to hold the nursing home liable for damages caused by their negligence.

Under these circumstances, even if you suspect neglect or abuse in a nursing home, consult our experienced lawyers so that you can get the best results from your case.

Contact Our Nursing Home Negligence Lawyers Today!

If you a victim of neglect or abuse by a nursing home or know someone who is, do not hesitate to call our office to find out if you are eligible to file a claim and collect damages. To learn more about your rights and get help from experienced nursing home neglect and abuse lawyers, call Alonso Krangle, LLP, at 800-403-6191.

 

Source:

• https://www.latimes.com/california/story/2020-12-15/upscale-dementia-home-sued-covid-19-deaths