As we age, we sometimes lose the ability to fight for our own rights due to loss of our mental agility or physical mobility. Many of us need to rely on assisted-living facilities or nursing homes to care for our loved ones when they can no longer manage on their own. Unfortunately, some of these facilities fail to function as they should, and this can lead to neglect and sometimes even abuse. The Queens nursing home negligence attorney at The Cassisi Law Firm has over 30 years of experience representing personal injury victims and will help you establish your rights if you or a loved one has been a victim of nursing home neglect.
For skilled and compassionate representation, complete the online contact form or dial 718-441-5050 today.
As a large section of our population ages, so does the population that may need assisted-living care. As such, nursing home negligence and abuse continues to be a concern. According to the National Center on Elder Abuse, 3.2 million people lived in nursing homes in 2008, and more than 900,000 resided in assisted-living facilities. From 1999 to 2001, one in three nursing homes nationwide were cited for violations of federal standards, with potential to cause, or having caused, harm to a resident.
Because those who are in either assisted-living or full-time nursing care often cannot tell someone they are being mistreated, it can be left up to family members to keep a watchful eye to protect their loved ones. Some indicators of mistreatment include:
- Unexplained, slow-healing, or excessive wounds or bedsores, indicating long periods of being left in bed without repositioning
- Sudden weight loss or gain, indicating poor nutrition or dehydration
- Unusual depression or changes in personality
- Changes in medication without notice
- Falling injuries, indicating a lack of resident oversight to prevent such falls
- Unsanitary living conditions
- Unnecessary or excessive use of restraints
If you notice these warning signs and suspect your family member may be a victim of nursing home neglect, it is essential that you file a complaint with a long-term care ombudsman as soon as possible.
There are state and federal regulations regarding the standard of care facilities must follow to adequately protect their residents. In addition to everyone’s general duty to maintain safe premises, a nursing home must meet other federal requirements as a long-term care facility to prevent nursing home abuse and neglect. Under federal law, the “Residents’ Bill of Rights” specifies that facilities must be staffed with enough nurses for residents and that they provide services and activities to assure residents maintain the highest level of mental, physical, and social well-being possible. Additionally, New York has its own set of regulations applicable to nursing homes, including rules regarding dietary and medical services, quality of care and life standards, and licensing and administration requirements.
Although nursing homes are subject to various rules and regulations, residents are still at risk of neglect or abuse. Multiple parties may be at fault for negligent treatment. Facilities, individual caregivers, and staffing agencies all could contribute to an elderly resident’s victimization. To hold a facility or its staff liable, a victim of nursing home neglect must prove that they breached their duty of care, resulting in injury to the victim. Consulting a knowledgeable attorney is important to make sure the responsible parties are held liable, and your claims are preserved.
If you or your loved one has been a victim of nursing home negligence, our firm has the experience and compassion to fight for your rights. You or your family member may be entitled to damages including medical expenses, pain and suffering, and costs associated with rehabilitative care.
Contact the Queens nursing home abuse lawyer at The Cassisi Law Firm by calling 718-441-5050 or use the online form to set up a free consultation.