All You Need to Know About Nursing Home Neglect and Bed Sores
With advancements in science and medicine, lifespan is increasing. This has also led to an increase in the number of nursing homes for the elderly keeping in line with higher needs. In New York state alone, there are more than 600 nursing homes and approximately 105,000 elderly persons seek care and reside there. However, with increasing demand and lack of a trained workforce, among other challenges, negligence is often common in these nursing homes. Negligence comes in many ways and forms, and we recently shared the details about the components of negligence. In such a case, it is best to seek support from a nursing home abuse lawyer. One of the most common outcomes of nursing home neglect is bedsores. Here’s all you need to know about it. What are bedsores? Bedsores, also called pressure ulcers, refer to damaged skin that occurs as a result of ongoing pressure on the soft tissue of the skin. Bedsores occur very quickly and are often associated with a lot of pain. In fact, they’re quite difficult to heal. Who suffers from bedsores? Bedsores most commonly occur in people whose mobility is restricted and are unable to turn their side on the bed or the wheelchair. Hence, bedsores are most often found on the tail bone, shoulder blades, ankles, and heels. Therefore, the elderly, and those in need of special medical care and attention are often more prone to bedsores. In addition to mobility issues, the elderly have thin skin, which makes them more vulnerable to bedsores. Are bedsores avoidable? Yes, with the right care, bedsores can be prevented. Importantly, if bedsores happen in a nursing home, they can be a sign of neglect. To ensure that the patient does not get sores bedsores, the nursing home staff should frequently change the position of immobile patients as well as make sure that they are clean and dry. Who is liable? The responsibility of care lies with the nursing home. Hence, if a nursing home resident is suffering from bedsores, it is often a result of staff negligence and the nursing home is liable. Reach out to a nursing home negligence lawyer if your loved member who is living in a nursing home has bed sores. Seeking legal assistance If you observe signs of neglect, a nursing home negligence lawyer is recommended to suggest the way forward. Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the specifics of the case. Moreover, the lawyer will make sure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence. If you or someone you know has been abused or neglected in a nursing home and needs a nursing home negligence lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
What Constitutes Nursing Home Neglect?
Negligence in nursing homes is an unfortunate reality. Every year, more than 1000 complaints of abuse and neglect are filed in New York. This is a matter of extreme concern. Nursing homes are supposed to be a haven for the elderly and a reassurance for the families who entrust their loved ones with them. Knowing this type of abuse exists at nursing homes is important because you’ll need to recognize the signs of suspected abuse. It is also very important to have clear cut definitions of neglect. In such a case, it is recommended to work with a nursing home abuse lawyer to help. What is nursing home neglect? Nursing home neglect refers to a scenario where nursing homes residents do not get proper care and suffer physical or mental health problems as a result. Is there a difference between neglect and abuse? Yes, it is important to acknowledge that there is a difference between neglect and abuse. While abuse mostly includes deliberate acts, such as physical, sexual, mental or financial assault, whereas, neglect means a failure by a nursing home employee to provide basic needs and care. What constitutes neglect in a nursing home? Some of the most common causes of nursing home neglect are: Lack of staff: If a nursing home is short-staffed or enough staff is not recruited, there is likely to be a direct impact on the quality of the care provided to the elderly residents. Moreover, if the staff is overworked or stressed, that’ll also impact the services provided. Improper hiring process: One of the most common causes of nursing home neglect is the lack of adequate skill. This occurs frequently because many nursing homes fail to conduct proper background checks and hire staff that is not adequately trained or has a history of issues such as drug or alcohol abuse. This leads to neglect in the care of the residents. Inadequate training: Even if the hiring process is conducted with due diligence, it is likely that the nursing home does not conduct proper training or prepare the staff properly to take up the job at hand. This can have long- and short-term impacts on the type and quality of care provided at the nursing home. Seeking legal assistance If you observe signs of neglect, a nursing home negligence lawyer is recommended to suggest the way forward. Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the specifics of the case. Moreover, the lawyer will make sure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence. If you or someone you know has been abused or neglected in a nursing home and needs a nursing home negligence lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyer.
Nursing Home Staff Safety Critical to Resident Safety
The safety of older adults residing in a nursing home is a matter of concern for their family members. It is because of this reason that people are unable to find a suitable nursing home or assisted living facilities easily. In the United States, more than 1.5 million people above the age of 65 live in a nursing home due to personal or medical reasons. Keeping this in mind, it is important to learn more about their safety in case of a personal injury endured because of the negligence shown by the nursing staff. The following two questions will help you understand this matter aptly: How safe are seniors in a nursing home? It is an unfortunate reality that older adults who live in a nursing home often face safety issues. This is mainly due to the carelessness of the nursing staff members. However, there are a number of reputed nursing homes and assisted living facilities that follow strict safety protocols within the premises. For this purpose, the following factors are taken into account: Ensuring Safe Patient Transfer When a resident is supposed to be transferred to a hospital in case of a medical emergency, the nursing staff needs to take utmost care and precaution. During this transfer, the safety of the resident is in the hands of the nurses. If an accident or mishap takes place, they will be held responsible. Handling Medical Equipment Properly From a simple blood pressure machine to a high-end wheelchair, the nursing staff must have expertise in operating every medical equipment needed for the care of older adults. In case a resident gets hurt due to mishandling of these instruments, then compensation can be asked for current and future medical bills and care. Maintenance of the Nursing Home A nursing home should be well-maintained in order to provide maximum comfort and security to older adults. It is imperative to have a fire alarm system in place along with safe electric wiring. Injuries caused due to an unsafe environment within the premises of a nursing home are the responsibility of the owners. Hiring Authorized Personnel Safety standards at a nursing home can be ensured only when authorized nursing staff members are hired by the property owners. Background checks and proper documents are essential for every staff member. An individual with a history of physical abuse and/or prison record must not be hired for the care of residents at a nursing home. What are the factors to ensure their safety? A nursing home for older adults is a safe place when it follows state and federal guidelines properly. In some cases, nursing staff members do not pay attention to residents’ safety concerns that result in serious injuries and accidents. In such a scenario, a personal injury attorney should be consulted to get the right guidance for filing a lawsuit against the nursing home. Mentioned below are some of the most important safety rules that must be followed at a well-established nursing home: Fall Prevention The most common issue faced by older adults is falling in a nursing home. When the nursing staff is not paying attention to a resident, the chances of falling from a bed, wheelchair, walker, etc., are very high. It is because of this reason that fall prevention is taken very seriously at a nursing home. Medication Protocols The right amount of dosage must be provided to every nursing home resident at a fixed time as prescribed by their medical practitioners. Overdosing and incorrect medicines are some examples of negligence that can lead to adverse effects on an aging person. Thus, medication protocols must be always followed. Infection Control The Centers for Disease Control and Prevention (CDC) has provided several tool kits, guidelines, and other forms of literature on infection control, especially for nursing homes and assisted living facilities. Training sessions must be provided to nursing staff members to safeguard the residents from communicable infections such as COVID-19, swine flu, dengue, and the like. Security Measures People who are residing in a nursing home must be given a secure environment to live in peacefully. CCTV surveillance and security personnel must be deployed within the premises. A personal injury from an abusive nursing staff member, unruly resident, or any other dangerous person can be a viable cause for a lawsuit. In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
Signs of Nursing Home Abuse
Nursing homes were established with the fundamental purpose of providing high quality medical, physical as well as emotional care to the elderly who reside there. It allows their families to be sure that the loved ones are safe and healthy. However, an unfortunate reality of nursing homes is the abuse or negligence that may prevail due to various reasons. Numbers state that the New York Health State Department receives around 1600 complaints of abuse and negligence from nursing home patients or their loved ones every year. In such a scenario, it is recommended to work with a nursing home abuse lawyer to help. It is important to note that while sometimes the signs of neglect or abuse may be obvious, physical, or tangible, in some instances, they may not be easy to detect. This puts the victim/patient at a very high risk. Hence, if you or someone you know has a loved one in a nursing home, do look out for these signs to detect nursing home abuse: First, let us understand the type of neglect and abuse that may occur in a nursing home. It can be categorized as physical, emotional, financial, or psychological. Warning signs of physical abuse If you observe signs of injuries such as cuts, bruises, burns, abrasions, and the staff is unable to provide a reasonable or gives an odd explanation, it is suggested you look into the matter. Moreover, frequent injuries at the same place may also be a warning sign. Warning Signs of Psychological Abuse Psychological abuse refers to using measures involving verbal attacks such as yelling, threatening, or humiliating. Some of the warning sign in this regard may be behavioral in nature, for example, regressive behaviors of the patient such as rocking, biting or soiling, a visibly strained relationship between the caregiver and the elder involving fear or withdrawal. If you notice these behaviors, raise an alarm immediately. Warning Signs of Sexual Abuse Many patients in a nursing home may lack the mental capacity to consent to any sexual capacity, and sexual abuse is characterized by forcing unwanted sexual contact with a patient. Bruises or injuries around private areas, sexually transmitted diseases that cannot be reasonable explained, bleeding or difficulty in movement may be warning signs. Warning Signs of Financial Abuse Financial abuse refers to forcing financial decisions adverse that are against the interest of the elderly and may involve taking their property wrongfully taken from them. Warning signs of financial abuse may include sudden interest by specific people in the elderly persons money, coercing them to withdraw money, unpaid bills despite financial stability, etc. A common sign across types of abuses may also behavioral cues such as social isolation, withdrawn when previously active and extroverted. It is a red flag and the family should pursue the matter actively. Seeking legal assistance If you observe signs of abuse, a nursing home negligence lawyer is ideal to handle such a situation. Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the facts of the case. Moreover, the lawyer will ensure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence. If you or someone you know has been abused or neglected in a nursing home and needs a nursing home abuse lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
Who Can File a Lawsuit Against a Nursing Home in New York?
Nursing homes are established for the sole purpose of providing high-quality medical attention and care to the elderly who are unable to take care of themselves due to various reasons. However, there have been instances where emotional or physical neglect by the nursing home staff has hampered the health of the individual. If such a situation arises, the nursing home should be held liable for their negligence. Hire a nursing home abuse lawyer to help. With more than 100,000 elderly patients residing in nursing homes in New York, it is important to understand the causes of neglect and how to proceed in cases of negligence. Largely, nursing home abuse can be categorized as physical, emotional, financial or sexual. Some of the common causes of nursing home abuse and negligence are: Falls: Elderly and those in need of special medical care and attention are more prone to falls and fractures as their mobility is often compromised due to age-related and other medical issues. Hence, it is the responsibility of the nursing home staff to provide adequate care. Medication errors: People in need of medical care are often unable to track or correctly take their medication, hence, the nursing home staff is responsible to ensure that the patient takes the right medicine on time. Failure to provide medication is a sign of negligence. Wrongful death: In extreme cases, medical negligence by the staff can also lead to the death of the nursing home resident. This is termed as wrongful death. Other abuse: In addition to medical negligence, the residents may also fall prey to physical, sexual, or mental abuse. The nursing home must be held liable. If someone in a nursing home has faced negligence that has led to any type of injury or distress, they’re owed a compensation by the nursing home. It is recommended to hire A nursing home negligence lawyer to handle such situations of neglect and abuse. Most often, the following types of cases are filed against a nursing home in case of neglect and abuse: Personal injury: The patient or their loved one often file a personal injury claim against the nursing home. Medical malpractice: The patient or the loved one may file a claim against the nursing staff / doctor for medical malpractice. Neglect: Neglect is a common legal claim related to nursing home negligence. If the staff failed to follow standard procedures, they may be sued for negligence. Since it is often the elderly in need of medical care who is at the bitter end of abuse and neglect, they may not be in the best physical or mental state to file for compensation. It often falls in the hands of the next of kin, such as spouse, children, etc. to proceed and ensure that their loved one receives due compensation for the distress caused due to the negligence. It is best to work with a nursing home abuse lawyer to ensure that you’re compensated beyond the medical costs incurred. They will file a holistic claim which to cover the physical, mental and emotional trauma caused. If you or someone you know has been abused or neglected in a nursing home and needs a nursing home negligence lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
Nursing Home Abuse and Neglect
The decision to move a loved one to a nursing home is never easy for a family. However, in the expectation of expert medical care, it emerges to be the right decision. Unfortunately, the decision can backfire in case of physical or emotional abuse as a result of unintentional or intentional trauma by the nursing home. If such a situation arises, the nursing home should be held liable for their negligence. Hire a nursing home abuse lawyer to help. This becomes even more important in the context of the data. In New York state, there are approximately 633 nursing homes with nearly 105,000 elderly patients residing in them, and the number has been on the rise. As per records, the New York Health State Department receives around 1600 complaints of abuse and negligence from nursing home patients or their loved ones every year. A nursing home negligence lawyer is ideal to handle such situations of neglect and abuse. Largely, nursing home abuse can be categorized as physical, emotional, financial or sexual. And, one of the most common signs of physical abuse are bruises and fractures due to falls. Falls and fractures as a result of nursing home negligence Elderly and those in need of special medical care and attention are more prone to falls and fractures as their mobility is often compromised due to age-related and other medical issues. Hence, it is the responsibility of the nursing home staff to provide adequate care. For example, for people who need assistance while walking should always have qualified and attentive staff, for the elderly on wheelchairs, ramps should be made available. If the lack of such services cause fall and fractures, they can be a sign of neglect. Suing a nursing home for falls and fractures A nursing home can be sued on various grounds in case of falls or fractures. Some of the common claims in case of falls/fractures as a result of negligence in a nursing home are: Personal injury: Most often, the patient or their loved one, file a personal injury claim against the nursing home in case of bed sores. Medical malpractice: Since the doctors and health care staff are expected to provide a certain standard of medical care, one may file a claim against the nursing staff / doctor for medical malpractice. This could include not taking proactive steps to avoid falls or not providing treatment in time. Neglect: Neglect is a common legal claim related to bedsores in a nursing home. If the staff failed to follow standard procedures, such as, assisting the patient in walking, leaving a wet floor without warning, not providing railings next to steps/corridors, etc. they may be sued for negligence if the patient suffers from bed sores. Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the facts of the case. Moreover, the lawyer will ensure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence. If you or someone you know has been abused or neglected in a nursing home and needs a nursing home negligence lawyer, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
Changes in Medical Malpractice Laws for Nursing Homes and Hospitals in New York Due to COVID-19
On March 24, 2021, the New York Senate unanimously passed legislation that removes protection for nursing homes and hospitals in New York State against liability for COVID-19 malpractice lawsuits. The legislation is effective immediately. It is important that personal injury attorneys as well as medical malpractice lawyers take note of this. Why has this legislation been passed? New York’s “Emergency Disaster Treatment Protection Act” went into effect with the New York budget in April 2020 which granted extra protections against liability granted to nursing homes, hospitals, and other health care facilities for treating patients during the COVID-19 pandemic. In the context of the pandemic, this Act provided immunity to doctors, nurses, and health care providers from potential liability because of decisions, actions and errors related to the care of people during the COVID-19 pandemic. These protections and immunity have now been repealed with “The Treatment Protection Act” coming into play since March 24, 2021. This decision also comes in light keeping in mind the fact that more than 15000 people have died in nursing homes due to COVID-19. It is important that healthcare staff is held accountable in cases where a death has occurred due to their negligence. Repealing this protection also aims at encouraging transparency and accountability. What does this change mean for nursing homes, hospitals and other health care facilities? The repeal of this protection mandates nursing homes to prominently display informing residents of the Long-Term Care Ombudsman Program. Additionally, nursing homes, hospitals and health care facilities are expected by the Department of Health to publish a patient bill of rights in the six most common non-English languages spoken in New York State. Lastly, in order to encourage transparency, this change also alters the review process to change accountable party of the proposals filed with the Public Health and Health Planning Councilregarding the ownership and operation of nursing homes. What should you keep in mind in case you want to file a medical malpractice lawsuit? This change in medical malpractice provisions allows people to sue a healthcare worker (doctors / nurses) in case they lose a loved due to COVID-19 or other causes. The protection provided by the Emergency Disaster Protection Act provisions will not apply to the medical malpractice lawsuit anymore. Your medical malpractice attorney can help you navigate through the complexities of the law so that you can get the compensation you deserve. If you or someone you know has suffered an injury due to medical negligence and you need the best medical malpractice attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced medical malpractice lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Are Bed Sores an Indication of Nursing Home Negligence?
We often move a loved one to a nursing home in the hopes and expectations of giving them the best possible medical care and attention. But it can very easily become our worst nightmare in case of physical or emotional abuse as a result of unintentional or intentional trauma. In such a scenario, it is important to hold the nursing home liable for their negligence and hire a nursing home abuse lawyer to help. With increasing lifespan, the number of nursing homes is also increasing. In New York state, there are approximately 633 nursing homes with nearly 105,000 elderly patients residing in them. Annually, the New York Health State Department receives around 1600 complaints of abuse and negligence from nursing home patients or their loved ones. A nursing home negligence lawyer is equipped to handle such situations of neglect and abuse. What constitutes nursing home abuse? Largely, nursing home abuse can be categorized as physical, emotional, financial, or sexual. And, one of the most common signs of physical abuse is bedsores. Bedsores as a result of nursing home negligence Bedsores, also known as pressure ulcers, are essentially damaged skin due to prolonged pressure on the soft tissue of the skin. They are quick to occur, quite painful, and difficult to treat. Bedsores often affect a person whose mobility is restricted and is unable to turn their side on the bed or the wheelchair, and are most often found on tail bone, shoulder blades, ankles, and heels. Elderly and those in need of special medical care and attention are more prone to bedsores. This is so because their skin is too thin, movement may be restricted or other underlying medical issues. But with the right care, bedsores can be prevented. If bedsores happen in nursing homes, they can be a sign of neglect. Is the nursing home responsible for bed sores? Preventing bedsores are one of the main responsibilities of caregivers and staff in a nursing home. There are set protocols in place to avoid bedsores, including good nutrition, maintaining hygiene, ensuring movement, etc. However, if you or your loved one gets bedsores as a result of neglect, you can sue the nursing home for negligence. A nursing home abuse lawyer can help you get the compensation you deserve. Suing a nursing home for bed sores A nursing home can be sued on various grounds in case of bedsores. Some of the common claims in case of bedsores as a result of negligence in a nursing home are: Personal injury: Most often, the patient or their loved one, file a personal injury claim against the nursing home in case of bedsores. Medical malpractice: Since the doctors and health care staff are expected to provide a certain standard of medical care, one may file a claim against the nursing staff/doctor for medical malpractice. This could include not taking proactive steps to avoid bed sores or failing to diagnose them at an early stage. Neglect: Neglect is a common legal claim related to bedsores in a nursing home. If the staff failed to follow standard procedures, such as, frequently turning the patient, ensuring hygiene, etc., they may be sued for negligence if the patient suffers from bedsores. Wrongful death: Though rare, if left untreated, bedsores can be fatal. In such a scenario, one can sue the nursing home for wrongful death. Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the facts of the case. Moreover, the lawyer will ensure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental, and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence. If you or someone you know has been abused or neglected in a nursing home and needs a winning law firm, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
