Top 7 Things To Do After An Nursing Home Accident
INTRODUCTION
Putting a family member in a nursing home is an important decision, but it may be the best place to get them the care and attention they need. Unfortunately, nursing homes often neglect their responsibility to protect our loved ones from harm, and instead of high-quality care and comfort, our loved ones suffer harm and injuries.
No one wishes to be in a position where they think the steps taken to keep their loved ones safe may instead have caused pain and suffering. Unfortunately, it’s not always easy to know how good a nursing homes care will be, so many people face situations where their loved ones have been hurt, abused, and abandoned by those who should have cared for them.
THE PREVALENCE OF NEGLECT IN NURSING HOME
New York is the most populous city and the world’s financial capital. As the historic gateway through which most legal immigrants immigrated and continue to immigrate into the country, New York City is also home to an incredibly diverse population.
Many older immigrants make up only half the income of U.S.-born seniors and are twice as likely to be ineligible for Social Security benefits.
Children and other parents support many immigrant nursing home patients who have a right to claim liability when nursing home abuse and neglect result in injury or death. Nursing is expensive, and nursing home staff are paid to treat each resident with respect and dignity.
Although federal and New York State laws exist to protect nursing home residents, some facility workers ignore the law as they seek profit and remain understaffed nurses and nursing assistants or underpaid and untrained. The practice of putting profits first puts all older people at risk.
Unfortunately, New York State nursing homes and assisted living facilities are no exception to this national trend. According to research, 195 (nearly a third) of the state’s 619 nursing homes had serious violations and deficiencies leading to poor care.
According to a comprehensive investigative report into nursing home resident abuse and complaints released by the state Department of Health, the department investigated 12,343 complaints against nursing homes in New York City, NY, in 2016, eight per cent more than last year.
Of these cases, 11,217 (ninety-one per cent) alleged violation of federal or state regulations by the provider, and 1,126 (nine per cent) alleged nursing home neglect and abuse by an individual.
TOP 7 THINGS TO DO IF YOUR LOVED ONE IS HURT DUE TO A NURSING HOME NEGLECT
If a family member shows signs of abandonment, do not hesitate to act. However, it would be best to take legal action immediately to protect your rights and ensure you don’t miss any deadlines. Follow the steps below if you intend to file a claim or lawsuit:
- Transfer your loved one – Move them to another nursing home or have them hospitalized. You want to ensure your future safety and proper treatment of injuries. If necessary, transfer them to a family member while you take care of legal matters.
- Request resident and medical records –If the nursing home participates in Medicare or Medicaid, you may receive documents from your loved one’s nursing home. Review these records and look for inconsistencies, including unnecessary treatment, drug use, or unexplained injuries.
Medical records may show periods of abuse or neglect, including treatment for injuries, hospitalizations for dehydration and malnutrition, medical care for pressure ulcers, and other health complications associated with poor maintenance.
- Keep detailed notes – Keep track of any possible signs of neglect you observe towards your family member, including the severity and frequency of injuries. Signs of abuse and neglect can vary widely; examples may include pressure sores, bruises, cuts, medication errors, poor diet, and dirty parts. Emotional signs of abuse and neglect can include withdrawal from social interactions, depression, and sudden changes in behaviour. Again, experienced attorneys can help you determine if your symptoms could indicate abuse or neglect.
- Witness Statements – A nursing home can recklessly abuse or neglect patients and leave bystanders behind. Witnesses may include other residents, visiting family members, or facility employees.
- Take pictures – Photos of visible injuries could serve as helpful evidence in your case. It is advisable to get photographs of the living conditions. For example, if someone from maintenance failed to fix a damaged handrail that caused a fall, having proof could increase your chances of recovering your compensation.
- Call the New York State Department of Health – File a formal complaint with the New York State Department of Health, which may be used as evidence in your case. The health service will investigate the complaint. They will be able to visit the facility, conduct interviews, review documents, and, if warranted, issue a citation against the nursing home.
- Call A Nursing Home Negligence Attorney– To ensure they are eligible for the compensation they deserve, patients abandoned in a nursing home while receiving care in a medical facility should contact an abandonment attorney. Retirement home as soon as possible. Patients who wait too long to retain an attorney and file a lawsuit may face a statute of limitations. The rule of regulations is a law that specifies how long a person has to bring a case after an accident. If legal action is not brought before the statute of limitations expires, injured patients may be permanently barred from receiving compensation for the harm suffered.
KNOW YOUR RIGHTS
There are various causes of neglect in nursing homes. However, nursing home residents and their loved ones should understand that none of these causes is an excuse to neglect or mistreat nursing home residents.
The Nursing Home Reform Act and the Older Americans Act provide certain rights to residents of nursing homes. Regardless of the working conditions, staff members and nursing homeowners must always put the health and well-being of residents first. Otherwise, they may be liable to pay compensation for any loss or damage suffered by a resident.
WHO CAN I HOLD RESPONSIBLE FOR NURSING HOME NEGLECT IN NYC?
Anyone caring for a loved one, even from a distance, could be held liable for injuries or damages sustained in a New York nursing facility. This could include:
- Caregiver
- Physicians, nurses, or other health care professionals are found guilty of medical negligence.
- Assisted living center
- Administration of a retirement home, or
- Government agencies are responsible for monitoring permits and licenses.
Elder neglect doesn’t just happen in nursing homes. There are times when older New Yorkers are neglected or abused by family members, friends, or caregivers. You may also have a legitimate claim against these parties in these cases.
DO I HAVE GROUNDS FOR A NURSING HOME NEGLIGENCE CLAIM?
Patients who the nursing home has neglected due to the following may have reason to file a complaint:
- Health professionals did not regularly change the position of the immobile patient
- Health workers did not change adult diapers regularly
- The patient was often dehydrated.
- The patient was not fed regularly.
- The medical center did not provide a pressure relief mattress, which resulted in persistent pressure somewhere on the patient’s body.
To have cause for complaint, injured patients must show that the health professionals caring for them have not performed the essential duties of their jobs. In addition, they must be able to prove that the doctor’s negligence caused your injuries.
In addition, the patient must have suffered economic or non-economic harm to have a reason to act.
HOW LONG DOES IT TAKE TO RESOLVE A NURSING HOME NEGLIGENCE CLAIM?
Some personal injury attorneys defer paying attorney fees and upfront fees to start the resolution process quickly. The judicial process for resolving complaints or taking the case to court is slow.
Defendants will usually delay, deny, or defend their actions by showing how harm or death could not have been prevented. However, the nursing home abuse plaintiff’s attorney will seek the truth as he testifies, examines medical records, and gathers evidence to prove the victim’s case.
Some victims and survivors who file death cases and lawsuits seek justice for their patients and protect other assisted living residents. However, every nursing home abuse case is different in unique circumstances, and the time it takes to resolve the issue depends on the facts.
COMPENSATION FROM NURSING HOME NEGLECT LAWSUITS
If a nursing home neglect case is successful, the victim and their family may be able to receive compensation for the damages, pain, and suffering they have suffered. This fee may include:
- Costs for pain and suffering, physical or emotional
- Medical treatment costs if other injuries were directly sustained as a result of the negligence
- Transition costs to a new nursing home
- Cost of loss of companionship if an elderly patient dies of negligence
CONCLUSION
Nursing home residents often need assistance with basic activities like eating, bathing, dressing, and moving around.
Unfortunately, facilities do not always provide an acceptable level of care. In addition, some facilities are negligent when hiring or training employees. As a result, abuse and neglect in nursing homes are too familiar in New York and across the country. In the event of abuse, it is essential to determine who is responsible.
