If you have a family member in a nursing home in New York who is being mistreated, you may have a claim for nursing home abuse. Call our office to find out more about your legal rights.
When we place our loved ones in a nursing home in New York, we do so expecting that they will receive professional service and compassionate care. While it is never an easy decision, it is one made out of necessity when our family members can no longer care for themselves. Sadly, even in the finest nursing homes, abuse and neglect occur with alarming frequency.
The owners, operators, and employees in nursing homes and other long-term care facilities owe a duty to the residents and patients in their charge. When a duty is violated, and harm results, it may mean that someone was negligent. Under those circumstances, the injured victim may have the right to file a claim against the negligent party.
If you or someone you love was physically, emotionally, or financially injured in a nursing home or long-term care facility in New York, their safety should be your first concern. Call Alonso Krangle, LLP, an experienced lawyer in New York who handles nursing home abuse and neglect cases.
Nursing Home Residents In New York Have Rights
When they move into a nursing home. Being dependent on others for care does not mean that patients are at their mercy. The New York Department of Health provides a list of the rights of nursing home residents in New York state. Some of the rights that residents of nursing homes have are the right to:
- dignity, respect, and a comfortable living environment
- freedom to make independent choices and decisions
- receive written information about the fees and services of the nursing home
- quality of care and treatment without discrimination
- Be free from abuse. This includes verbal, sexual, mental and physical abuse
- accept visitors of their choosing at the time that they wish
- an easy-to-use and responsive complaint procedure
- choose their own activities and other preferences
- be free from restraints
- the safeguard of property and money
- exercise all of the rights without fear of repercussions
It is imperative that you understand the rights you or your loved one have as a resident of a nursing home. Being armed with this knowledge can help you recognize when something is amiss and correct the behavior before serious injuries or harm occur.
Nursing Homes in New York Must Keep Residents Safe
Residents of nursing homes in New York have rights, and the facilities have obligations or duties toward the patients. The New York Health Department lists the following responsibilities of nursing homes in New York.
The nursing home must:
- ensure that you are treated as an individual and encourage you to participate in programs and services of your choice
- provide you with safe, clean and comfortable rooms and surroundings
- protect you from any kind of harsh and abusive treatment
- provide you privacy in communicating and associating with people of your choice
Violation of these duties may indicate negligence. Negligence that causes harm or injuries to nursing home patients may be actionable in a court of law. If you or your loved one suffered because of nursing home abuse, neglect, or other negligence, contact our office today.
How Do Neglect and Abuse Occur in Nursing Homes in New York?
Like elsewhere, abuse, neglect, and negligence in New York nursing homes occur in a wide variety of ways. Unfortunately, residents of long-term care facilities are vulnerable to mistreatment but are not necessarily capable of defending themselves or reporting the misconduct. Physical and mental limitations, along with fear and dependency, can make it very difficult for a victim of nursing home abuse to advocate for him or herself.
It is essential to recognize the many ways that nursing home abuse occurs because it is often up to visitors, family members, and bystanders to ask questions and investigate an abusive situation.
Physical abuse can be anything from hitting, punching, scratching, pushing, pinching, and twisting of body parts. Using chemical or physical restraints, withholding food, water, or medication are also forms of nursing home abuse.
Sexual abuse can be unwanted touching, rape, groping, or threats.
Emotional abuse can involve shunning, threatening, disparaging, or insulting a resident. It can also include withdrawal of attention, isolating, yelling, and manipulating a patient.
Financial abuse occurs when a nursing home employee or other person steals money or valuables directly or through the manipulation of a resident.
Neglect occurs when the nursing home fails to provide the resident with basic daily necessities or fails to provide a safe, healthy environment that promotes physical and emotional well-being.
All of the above can result in severe harm to nursing home residents in New York. Common injuries caused by abuse and neglect include:
- Medication overdose
- Broken bones
- Worsening of existing medical conditions
- Injuries from falling
- Sexually transmitted disease
- Weight loss
Holding New York Nursing Homes Liable for Abuse and Neglect
Who is responsible when nursing home residents are harmed because of neglect or abuse?
Owners and operators of nursing homes along with employees owe duties to the residents for whom they care. When an employee of a nursing home breaches an obligation, the owner, operator, or employer may be liable for the injuries that follow.
If you or your family suffered injuries for abuse or neglect in a nursing home in New York, consider the following ways in which the nursing home may be responsible:
- Did the facility do a thorough background check on the employee? Should the nursing home have known the employee would be a danger? Is the employer liable for negligent hiring?
- Did the patient report the abuse to the nursing home and get no response or assistance?
- Did the nursing home fail to train its workers on how to care for patients properly?
- Did the nursing home have policies in place to minimize the risk of harm to patients? Did the facility have procedures to report and discipline employees for neglect and abuse?
- Did the nursing home fail to ensure that residents were adequately supervised?
These legal issues in nursing home abuse cases can be complicated. Seeking advice from an experienced lawyer in New York who handles nursing home cases is an essential step in making sure your rights or those of your loved one are protected.
Contact Alonso Krangle, LLP to Protect The Rights of Nursing Home Residents in New York
Whether you are the victim or have learned that someone you love is being neglected or abused in a nursing home, you are facing a steep road. It is a situation fraught with emotion, confusion, and concern. You do not have to face it alone.
Are you looking for a lawyer in New York who has experience with nursing home abuse cases? If so, contact Alonso Krangle LLP and find out if you can hold a nursing home or long-term care facility liable for abuse and neglect. Call 516-350-5555 today for a free evaluation of your case.