(914) 220-1086When you place a loved one in a nursing home, you expect them to receive appropriate care, attention, and respect. Unfortunately, some nursing home residents experience neglect, physical abuse, sexual abuse, medication errors, preventable falls, malnutrition, bedsores, infections, or other forms of mistreatment.
Nursing home residents can be especially vulnerable to abuse and neglect. Many depend on caregivers for basic needs such as eating, bathing, dressing, taking medications, and moving safely. If you believe that a loved one has been abused or neglected in a New York nursing home, you may be able to pursue a claim against the facility with the help of our New York personal injury lawyers.
At the Law Offices of Thomas L. Gallivan, we represent nursing home residents and their families in cases involving serious abuse and neglect. We understand how difficult it can be to discover that someone you trusted to care for a loved one may have failed to provide appropriate care. Our attorneys investigate these cases thoroughly and work to pursue compensation for your losses. Reach out to our law firm today to talk to a New York nursing home abuse and neglect lawyer.
What Is Nursing Home Abuse and Neglect?
Nursing home abuse occurs when a resident of a nursing home is intentionally or recklessly harmed. Abuse can be physical, sexual, emotional, or psychological.
Neglect is different. It generally involves failing to provide the care a resident needs or failing to protect a resident from reasonably foreseeable harm. Neglect may result from inadequate supervision, insufficient staffing, poor training, failures in communication, or other breakdowns in the care provided.
Not every injury suffered by an elderly nursing home resident is automatically evidence of negligence or abuse. Older adults may have medical conditions that make them more susceptible to falls, infections, bruising, pressure injuries, or other problems.
However, a serious injury may warrant investigation when the nursing home failed to follow an appropriate care plan, ignored warning signs, failed to monitor the resident, or did not respond appropriately when a problem developed. Similarly, an investigation is warranted anytime a nursing home resident is intentionally harmed in any way.
Types of Nursing Home Abuse and Neglect
Nursing home abuse and neglect can take many forms. Some cases involve a single incident, while others involve a pattern of inadequate care over weeks or months. Types of nursing home abuse and neglect include:
- Physical Abuse: Physical abuse involves intentionally causing physical harm to a nursing home resident. Examples may include:
- Hitting or slapping a resident
- Kicking or punching
- Pushing or shoving
- Improperly restraining a resident
- Using excessive force during transfers
- Causing unexplained bruises, cuts, or other injuries
Physical abuse may be perpetrated by an employee, another resident, or another person with access to the facility.
- Sexual Abuse: Nursing home residents can also be victims of sexual abuse or exploitation. Sexual abuse may involve unwanted sexual contact, sexual assault, exposure, or forcing a resident to participate in sexual activity. Residents with dementia or cognitive impairments may be particularly vulnerable. Any allegation of sexual abuse involving a nursing home resident should be taken seriously and investigated promptly.
- Neglect: Neglect can occur when caregivers fail to provide basic care or fail to follow a resident’s care plan. Examples may include failing to:
- Provide adequate food or fluids
- Administer medicines correctly
- Assist with bathing and personal hygiene
- Reposition residents who are at risk for pressure injuries
- Provide appropriate supervision
- Respond to medical symptoms
- Arrange necessary medical treatment
- Assist residents with mobility
- Monitor changes in a resident’s condition
Neglect does not necessarily have to be intentional. A nursing home may be responsible when inadequate care results from negligent policies, inadequate supervision, or other failures.
Nursing home neglect can happen in different ways. This may include:
- Bedsores and Pressure Injuries: Bedsores, also called pressure ulcers or pressure injuries, can develop when a person remains in the same position for too long. Nursing home residents who are immobile or have difficulty moving independently may be at increased risk. Proper care can include regularly repositioning residents, monitoring their skin, maintaining appropriate nutrition and hydration, and following individualized prevention plans. A severe pressure injury may indicate that appropriate preventative measures were not taken.
- Falls and Broken Bones: Falls are a serious concern for older adults. A nursing home should assess residents for fall risks and implement appropriate safety measures. Neglect may contribute to a fall when staff members fail to:
- Provide necessary assistance
- Use appropriate mobility devices
- Keep walkways reasonably safe
- Follow fall prevention plans
- Monitor residents who are at high risk
- Respond to known hazards
Falls can result in broken bones, traumatic brain injuries, spinal injuries, and other serious complications.
- Medication Errors: Many nursing home residents take multiple medications each day. Medication errors can have serious consequences. Examples include:
- Giving the wrong medication
- Giving an incorrect dosage
- Administering medication at the wrong time
- Failing to administer prescribed medication
- Failing to recognize adverse reactions
- Failing to monitor a resident after a medication change
Medication-related injuries should be carefully investigated, particularly when a resident suffers a serious or unexpected change in condition.
- Malnutrition and Dehydration: Residents who depend on staff for meals and fluids may be at risk of malnutrition or dehydration when appropriate care is not provided. Warning signs may include unexplained weight loss, weakness, confusion, dry mouth, changes in blood pressure, or other medical complications. A nursing home should monitor residents who have difficulty eating or drinking and take appropriate steps when nutritional or hydration problems develop.
- Infections: Nursing home residents may be vulnerable to infections, particularly those with chronic medical conditions or weakened immune systems. Infections may become particularly dangerous when staff fail to recognize symptoms or delay necessary medical treatment. Potential concerns include urinary tract infections, respiratory infections, wound infections, and other illnesses.
Warning Signs of Nursing Home Abuse or Neglect
Sometimes the signs of abuse are obvious. In other cases, the evidence may be subtle. Family members should pay attention to unexplained changes in a loved one’s physical or emotional condition.
Potential warning signs include:
- Unexplained bruises, cuts, or injuries
- Bedsores or worsening pressure injuries
- Sudden weight loss
- Dehydration
- Poor personal hygiene
- Choking incidents
- Dirty or inappropriate clothing
- Frequent falls
- Repeated infections
- Medication problems
- Sudden changes in mood or behavior
- Fearfulness around particular caregivers
- Withdrawal or depression
- Unexplained financial problems
- Missing hearing aids, glasses, or other personal belongings
- Repeated hospitalizations
- Significant changes in a resident’s medical condition
One sign alone does not necessarily mean that abuse and/or neglect is occurring. However, multiple warning signs or unexplained injuries should prompt further investigation.
Why Nursing Home Abuse Can Be Difficult to Detect
Nursing home abuse is often underreported. Some residents cannot communicate effectively because of dementia, Alzheimer’s disease, stroke, speech impairments, or other conditions. Others may be afraid to report mistreatment because they worry about retaliation or losing access to their caregivers. In some cases, a nursing home resident may think that no one will believe them.
Family members may not see their loved one frequently enough to notice gradual changes. When they do visit, staff may provide explanations for injuries or changes in behavior that initially seem reasonable.
That is why it is important to watch for patterns. A single unexplained bruise may have an innocent explanation. Repeated unexplained injuries, worsening bedsores, unexplained weight loss, or multiple medication problems may indicate a larger problem with the care being provided.
Who Can Be Responsible for Nursing Home Abuse and Neglect?
Depending on the circumstances, more than one person or organization may be responsible for nursing home abuse or neglect. This may include:
- Nursing home employees
- Nurses and aides
- Doctors and other medical professionals
- Facility administrators
- Nursing home owners and operators
- Management companies
- Contractors or outside healthcare providers
- Other residents or individuals who harmed the victim
A nursing home may potentially be held responsible for negligent hiring, inadequate training, poor supervision, unsafe policies, or failures in the delivery of care. Determining who is legally responsible requires a detailed investigation of the facts and the applicable law. Our New York nursing home abuse and neglect attorneys are skilled at digging into the facts of a case to determine who might be held responsible for any injuries.
Does Understaffing Contribute to Nursing Home Neglect?
Adequate staffing is an important part of providing safe nursing home care. When a facility does not have enough qualified employees, residents may not receive the attention they require. Staff members may be unable to respond quickly to call buttons, assist residents with mobility, provide meals, administer medications, or monitor residents who are at elevated risk of harm.
However, staffing issues alone do not automatically establish legal liability. A New York nursing home abuse and neglect lawyer may examine staffing records, schedules, policies, care plans, incident reports, medical records, and other evidence to determine whether staffing or management failures contributed to a resident’s injuries.
What Should You Do If You Suspect Nursing Home Abuse?
If you believe your loved one is being abused or neglected, take the concern seriously. First, make sure your family member is safe. If they appear to be experiencing a medical emergency or are in immediate danger, seek emergency assistance.
You should also document what you observe. Keep records of:
- Injuries and changes in physical condition
- Dates and times of concerning incidents
- Conversations with nursing home employees
- Names of staff members involved
- Hospital visits
- Changes in medications
- Changes in weight or nutrition
- Photographs of visible injuries
- Written communications with the facility
You can also report suspected abuse or neglect to the appropriate authorities. The New York State Department of Health accepts complaints concerning nursing home care and investigates allegations involving abuse, neglect, and mistreatment.
Reporting the problem can help protect your loved one and potentially other residents. However, a regulatory complaint and a civil lawsuit serve different purposes. A government investigation may result in regulatory action, while a personal injury claim can seek compensation for injuries and losses.
Can You Sue a Nursing Home for Abuse or Neglect?
You can potentially sue a nursing home for abuse and/or neglect. A nursing home abuse lawsuit may be based on negligent conduct, intentional misconduct, or other legal theories depending on the facts of the case.
For example, a negligence claim may arise when a facility fails to provide reasonable care, and that failure causes an injury. An intentional abuse case may involve conduct such as deliberately striking or sexually assaulting a resident.
In some cases, both individual employees and the nursing home itself may be named as defendants. Because nursing home cases can involve complicated medical, factual, and legal issues, it is a good idea to have an attorney review the case before deciding how to proceed.
If you do have a potential claim for nursing home abuse or neglect, you may be entitled to compensation for damages under New York law. This may include money for:
- Medical Expenses: Compensation may cover medical treatment resulting from the abuse or neglect, including:
- Hospital bills
- Emergency treatment
- Physician care
- Surgery
- Rehabilitation
- Medications
- Medical equipment
- Mental health treatment
- Future medical care
- Additional Care Costs: If the resident must be transferred to another facility or requires additional services, related expenses may potentially be recoverable.
- Pain and Suffering: Nursing home abuse can cause substantial physical and emotional suffering. A lawsuit may seek compensation for the pain caused by injuries as well as the emotional consequences of abuse, neglect, or a diminished quality of life.
- Disfigurement and Disability: Serious injuries may leave a resident with permanent disability, scarring, disfigurement, or loss of independence. These consequences can significantly affect a person’s quality of life and may be considered when determining damages.
- Punitive Damages: In particularly serious cases involving intentional, malicious, or reckless misconduct, punitive damages may be available. Punitive damages are different from other types of damages, as their purpose is to punish misconduct and deter similar behaviors. Punitive damages may be available for nursing home abuse cases and certain other claims, depending on the facts of the case.
Experienced New York Nursing Home Abuse and Neglect Attorneys
Your loved one deserves to be treated with dignity and receive appropriate care. When a nursing home fails to meet that responsibility, the consequences can be devastating. Abuse and neglect can cause serious physical injuries, emotional trauma, permanent disability, and even death. We’re here to help.
At the Law Offices of Thomas L. Gallivan, we are committed to protecting vulnerable nursing home residents and helping families pursue justice when they experience negligent or abusive care. Our attorneys have significant experience handling serious personal injury and nursing home abuse matters throughout New York, and will use our skill to help you get the best possible outcome for your case. To learn more, call our law firm at 866-931-8936 or fill out our online contact form to schedule a free consultation with a New York nursing home abuse and neglect attorney.
