What Can I do when a Loved One is the Victim of Nursing Home Abuse and Neglect?

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Many of us will live longer than we have ever imagined.  Of course as we age our bodies become frailer.  Oftentimes we may not have family who are able to help us negotiate daily life and our medical needs.  When that happens, nursing homes become a residence for millions of people around the country. 

Experienced Hudson nursing home abuse attorneys know that nursing homes have a duty to care for residents in accordance with all laws, regulations, and in line with professional standards.  This doesn’t always happen.   In fact many nursing home residents are neglected by staff and some are even abused. 

Many reasons exist that can explain nursing home neglect; inadequate training, improper staffing levels, the lack of proper equipment, etc.  Abuse may occur because an employee was not properly screened during the hiring process, or because that employee was not properly supervised.  Whatever the reason may be, one expects that their loved ones will be safe from abuse and neglect while living in a nursing home. 

The best way to recognize the signs of abuse and neglect is to visit your loved ones regularly.  Look at their physical appearance and listen to how they talk about the facility.  Know that any nursing home resident should not have an open and untreated wound.  Cuts, sores, welts, bruises are all signs that your loved one is not receiving proper care.  Look at the cleanliness of the room and rest rooms.  Ask, yourself if your loved one looks pale and/or has lost weight.  Be mindful of personal hygiene and the cleanliness of clothing. 

In addition to physical signs of neglect and abuse, your loved one may have been emotionally abused.  This type of abuse comes in the forms of isolating the resident, ignoring the resident, yelling, scaring, or blaming the resident for normal accidents.  Changes in mood and in the ways your loved one typically interacts with others may be signs of emotional abuse. 

New York laws specifically address these issues in the New York Codes, Rules and Regulations, Title 10, Section 415.3.  These regulations outline the rights of nursing home patients and dictates that residents have a right to a “dignified existence” and “respect”. 

NYCRR title 10 is voluminous.  An experienced Hudson nursing home abuse attorney is well aware of this regulation.  Moreover, experienced attorneys know that a civil suit in regard to nursing home abuse or neglect may be labeled in many ways.  The claim can be founded in negligent maintenance, negligent hiring, negligent retention, and/or negligent supervision.  The civil claim may also be founded in battery, assault, and even intentional infliction of emotion distress.  

The attorneys at Greenberg and Greenberg handle nursing home abuse cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.