Nursing Home Abuse

As the population of individuals above the age of 65 increases, many family members make the decision to have their elderly parents and grandparents cared for at a long-term living facility. Nursing home residents are a vulnerable population, and they deserve humane treatment and care in the hands of trained professionals.

Unfortunately, there are instances of nursing home neglect in many facilities. A common form of neglect is the lack of adequate nutrition or dehydration provision by healthcare providers, which can easily lead to substantial health issues. Whether the facility is unable to provide proper care due to staffing shortages or the facility is possibly operating under abusive internal regulations, there are nursing home neglect attorneys that are willing and able to fight for your loved one’s rights.

Signs of Nursing Home Neglect

If a nursing home patient is experiencing sudden weight loss, ongoing exhaustion and weakness, bedsores, dry mouth, decreased urination, changes in mental status, or recurring infections, it’s crucial that you intervene.

During visitation, if you notice any of these signs, it’s important to report nursing home neglect to the facility manager. It’s also a promising idea to contact a lawyer that specializes in nursing home neglect to learn more about your loved one’s rights and to investigate the situation.

Although some signs, such as declining oral health, cognitive decline, and depression, can be symptomatic of the aging process, unanswered medical needs are definitively a sign of neglect.

Malnutrition and Dehydration Symptoms

Malnutrition tends to occur at a slow rate but becomes apparent very suddenly. Some of the signs of malnutrition include changes in the skin, including flakiness and easy bruising; Hair can become brittle and dry; and even substantial hair loss can occur.

Malnutrition can also lead to a decrease in immune response, meaning that an elderly resident can suffer from an increased susceptibility to illness. Patients who suffer from this treatment may have difficulty concentrating, slurred speech, and even experience fainting spells.

Dehydration is just as dangerous as malnutrition. Dehydration is most commonly recognized through impaired function. Residents who have not had proper water intake may suffer from headaches, dizziness, and/or low blood pressure. A decrease in bathroom use as well as foul-smelling, dark urine are also common indicators that the patient may not be receiving enough fluids to drink.

Both malnutrition and dehydration can be extremely dangerous, and unfortunately the symptoms can commonly be overlooked due to their relative similarities to the aging process.

Causes of Food and Water Deprivation

Understanding the potential causes of food and water deprivation in nursing homes can help you better assess this situation and advocate for your loved one(s). Food and water deprivation is generally caused by the withholding of food and/or drink by the nursing home staff. Sometimes it is malicious deprivation as a form of punishment, or, in some cases, the staff may lack the proper training to assist with properly feeding residents.

Certain medical conditions can make it difficult for residents to eat or drink, and staff may fail to provide the necessary support and accommodation. There are also instances where staffing or budgetary shortages within the nursing home can lead to an inadequate supply of nutritious food and water. Additionally, lack of proper monitoring can cause a lack of nutrition and hydration to be overlooked.

Legal Rights of Nursing Home Residents

Nursing home residents have the right to live in a comfortable environment that provides them with the services for which they are paying. Legally speaking, residents have rights that are outlined in state and federal regulations. For example, they have the right to receive adequate and appropriate medical care, including proper nutrition and hydration. Elderly residents also have the right to dignified treatment and respect as well as the right to be free from all forms of abuse and neglect.

What to Do if You Suspect Neglect

If you suspect a nursing home of neglect, the first thing to do is to take detailed notes, obtain all available records, and have conversations with the staff about the condition of your loved one. However, if the situation is not improving, or the information provided is not adequate, it is advised that you seek legal advice.

Elderly and disabled individuals are a vulnerable population, and no one should live in inhumane conditions. If you have suspicions or proof that a loved one is being neglected, nursing home neglect attorneys are here to help.

Nursing home residents require the support of individuals that they know and trust. Contacting experienced nursing home neglect lawyers such as Zelenitz, Shapiro & D’Agostino could save the life of a loved one, as well as other facility residents.

The purpose of a group home is to provide a safe, supportive, and caring environment for seniors who require assistance with daily living. Unfortunately, group homes can sometimes become places where vulnerable adults experience neglect or even abuse. Understanding how to advocate for older adults in such homes is crucial to ensure the senior’s well-being and safety. Recognizing signs of elder abuse and reporting this mistreatment to authorities is of the utmost importance.

Below, we’ll discuss the definition of elder abuse, types of abuse, risk factors, how to report suspected abuse, and how experienced elder home abuse attorneys may help.

Examples of Group Home Abuse

What is elder abuse, and what constitutes neglect in an elderly care home? Elderly abuse is commonly defined as intentional harm or failure to act upon a situation that harms an older adult or puts them at risk. This mistreatment often happens by a caregiver, senior living home employee, or even a stranger. Sadly, hundreds of thousands of elderly adults in group homes are abused or neglected each year. It’s important to note that abuse can be intentional or unintentional and may not always be malicious in intent.

Types of Elder Abuse that can Occur in a Group Home:

• Physical – This involves the intentional use of force against an elderly person. Physical abuse can take place in the form of hitting, kicking, physical restraint, or shoving. Signs of physical abuse include broken bones, bruises, fractures, sprains, burns, head injuries, or dislocated joints.
• Emotional/Psychological – Insulting, name-calling, cursing, ridiculing, intimidating, and scapegoating an elderly senior are forms of emotional abuse. This type of abuse can cause depression, isolation, and confusion for older adults.
• Sexual – Elderly sexual abuse involves any forced, non-consensual, and unwanted sexual contact or activity with an elder. This includes sexual activity with patients who suffer from Alzheimer’s and/or other dementias that may prevent the senior from giving consent.
• Financial – The most common self-reported type of abuse, financial elder abuse, includes the misuse of a senior’s resources or money, pressuring the senior to make financial decisions that are not in their best interests, and the stealing of their belongings.
• Neglect – This involves a failure to protect an elderly person from harm and/or provide necessary care. Elder home neglect can cause serious injuries or illnesses and can be a result of understaffing or a lack of regard for the elderly.

Risk Factors for Senior Abuse in Group Homes

If you are wondering what the risks for abuse by family caregivers are, know that several factors increase the risk of abuse. These risk factors include:

• Insufficient staff
• Uncaring group home culture
• Lack of staff supervision
• Senior vulnerabilities such as dementia
• Resident isolation
• Underreporting

Legal Protections Against Elder Abuse in Group Homes

There are laws in place to protect seniors from mistreatment in group homes. At the federal level, the Elder Abuse Prevention and Prosecution Act was signed into law to improve data collection and reporting of elder abuse.

Each state has its own laws and regulations addressing elder abuse, neglect, and exploitation. The laws and regulations vary by state but generally include mandatory reporting requirements for suspected abuse and negligence. These state laws create penalties for abusers.

State licensing requirements for group homes outline standards of care and facility operations. APS (Adult Protective Services) agencies are established in every state to investigate reports of elder abuse. These agencies offer a vital resource for families and individuals who suspect abuse, providing services to investigate and intervene when necessary.

How to Identify and Report Abuse or Neglect

Identifying signs of elder abuse and neglect is extremely important for intervention. Some warning indicators of abuse include physical signs, such as unexplained injuries, bruises, fractures, and signs of restraint. Changes in the elder’s behavior – depression, anxiety, withdrawal, or agitation – may indicate abuse as well. Signs of dehydration, malnutrition, and weight loss are also warning signs of abuse. Abuse relating to financial exploitation, indicators are typically missing money and unexplained withdrawals. The staff’s behavior can also provide clues regarding abuse – staff may display hostility or avoid eye contact which may also be a sign of abusive behavior being demonstrated.

If you suspect abuse or neglect is taking place, act quickly and report the mistreatment to the group home administrator or management. Additionally, report abuse to state authorities through your state’s APS agency. If the abuse involves criminal activity, report it to local law enforcement.

It’s also crucial that you contact a nursing home abuse attorney team such as Zelenitz, Shapiro & D’Agostino. Our extensive experience with nursing home negligence cases in New York has prepared us to support you as you protect the rights of vulnerable elders. Contact us today for a free consultation with a nursing home neglect attorney who can help protect seniors from abuse.

Putting a loved one in a nursing home is a huge decision to be made. You want the best for them, including appropriate care and attention. The last thing that you expect is to experience neglect on the nursing home’s part. Making sure that you are aware of what types of injuries to look for, and how to protect your loved one from nursing home neglect can make all the difference for their well-being.

How Nursing Home Neglect Leads to Fractures

Nursing home neglect is one of the biggest factors when it comes to fractures and other bone breaks in the elderly. Nursing homes are often overcrowded, and staffed by too few people, making it easy for patients to fall between the cracks by staff that simply do not take the time to care for them properly.

When neglect is present, patients who may not be able to get up and move independently tend to attempt walking and moving when left alone. This means that if someone needs support to stand in order to use the restroom, go outside, or bathe and does not have that support, they may attempt to do these tasks alone, and consequently become injured.

Hip Fracture in the Elderly

One common injury when facing nursing home neglect is hip fracture. This fracture often occurs when an individual who is not steady on their feet moves around without support.

With hip fractures, the life expectancy after a fall in elderly patients does tend to decrease dramatically. Many patients die within 6 months after this type of fracture. This is especially true for patients who were active before they injured their hip. When their overall activity decreases, it can decrease their will to heal, as well as cause them to lose their zest for life.

Top Fractures Linked to Nursing Home Neglect

Another common fracture linked to neglect in nursing homes is a broken femur. The femur is the longest bone in the body and it’s also one of the most common breaks due to a fall. Femur breaks can happen when a patient tries to stand on their own and is not supported, it can happen when the individual is ambulatory, and it can happen in cases of a bad fall.

A broken femur can cause a nursing home patient’s health to rapidly deteriorate. as it can be a difficult bone to heal. In cases of this type of bone break, you may need the help of nursing home neglect attorneys to get your case started in order to properly protect your loved one.

Bones in the arm are also commonly found to be a place where breaks occur too often, in nursing home patients. This can easily happen when a patient reaches out and tries to catch themselves when they find themselves falling. Again, this is a serious injury, and it can greatly affect their ability to go about with their daily routine. Elderly hip fractures and broken thigh bones in elderly patients are also quite common.

Recognizing Neglect in Nursing Home Fracture Cases

Nursing homes patients face more neglect than you may imagine. There are steps that you can take to help ensure that your loved one is well taken care of. First, making frequent visits to the nursing home helps staff who are taking care of your family be aware that you are watching. It helps your loved one know that you are there to help them and to advocate for them as well. Be sure to take notice of any unusual bruises and keep a close watch if your loved one is acting strangely and not like themselves. Also, it’s imperative to take notice of any combative or secretive behavior by the nursing home staff.

Neglect in nursing homes is entirely unlawful. This mistreatment could mean the end of a loved one’s life, and it is something that you need to speak out against if you notice it.

Legal Options for Nursing Home Neglect Cases

If you believe that your loved one is a victim of neglect, you should act immediately. Experienced nursing home neglect attorneys can help you uncover any neglect that may have occurred and collect the information you’ll need to make a legal case. Additionally, these professionals can help you navigate the often-confusing legal process. An experienced law firm can ensure that your loved one is taken care of and that those who were responsible for the neglect that caused their injury are held responsible.

Legal options may include suing the facility for damages and for medical bills associated with neglect. The nursing home may also have their licenses revoked after an investigation proves that staff are neglecting patients. Your attorney can help you explore all of your options for action to be taken.

Pressure ulcers, commonly known as bed sores, are localized injuries to the skin and underlying tissue that occur due to prolonged pressure on the skin. They are a significant concern in healthcare settings, particularly for individuals who are confined to beds or chairs for extended periods. This includes elderly patients in nursing homes and people in hospice.

Bedsores are not only painful but can also lead to serious infection if left untreated. Understanding the stages of pressure ulcers, their causes, risks, and effective prevention strategies is crucial to ensuring the health and well-being of at-risk individuals. This is especially true for healthcare workers who take care of hospice and nursing home patients who are confined to their beds.

Stages of Pressure Ulcers

Pressure ulcer stages typically indicate the severity of the injury incurred:

Stage 1: The skin appears red and does not turn white when pressed. This stage is the beginning of skin damage and may be painful to the touch.

Stage 2: The ulcer extends into the skin layer, resulting in a shallow open sore or blister. The area may ooze or appear moist.

Stage 3: The ulcer deepens and may extend into the subcutaneous fat layer. The wound may have a yellow or white dead tissue layer, and there is a risk of infection at this stage.

Stage 4: This is the most severe stage, where the ulcer extends beyond the fat layer into muscle, bone, or supporting structures. There is a significant risk of serious infections, which can lead to systemic complications.

Causes and Risk Factors

Several factors contribute to the development of pressure ulcers, particularly in individuals with limited mobility.

While early-stage ulcers may heal relatively easily, the risk of infection escalates significantly as the ulcer worsens. The presence of dead tissue and the access points created by an open sore make it easier for pathogens to invade the body.

Primary causes and risk factors include:

• Immobilization: Prolonged sitting or lying down can lead to increased pressure on certain body areas.
• Poor nutrition: Malnutrition impairs skin integrity and delays healing.
• Moisture: Excessive sweating or incontinence can lead to skin breakdown.
• Age: Older adults typically have thinner skin, making them more susceptible to pressure sores.
• Medical conditions: Conditions such as diabetes, vascular disease, or neurological disorders can affect blood flow and sensation, increasing risk.

Signs and Symptoms of Infected Pressure Ulcers

• Increased pain or tenderness around the ulcer
• Redness and swelling
• Pus or foul-smelling drainage
• Fever or chills
• Delayed healing or increased size of the ulcer

If any of the above listed signs are observed in infected bed sores, it’s essential to seek medical attention promptly to prevent the infection from spreading.

Bedsore Prevention Strategies

Preventing bedsores is crucial, especially for those at substantial risk for infection. Here are some effective bed sore prevention strategies:

Frequent position changes: Encourage individuals to change positions every two hours while in bed, and more frequently if sitting in a chair is recommended.

Use pressure-relieving devices: Using special mattresses, cushions, and pads may reduce pressure on vulnerable areas.

Maintain skin hygiene: Keep the skin clean and dry and, if applicable, apply moisturizer to keep the skin supple.

Balanced nutrition: Ensure that the patient is intaking a diet that’s rich in vitamins and proteins to support skin health and healing.

Regular skin assessments: As a caregiver, be sure to check the skin frequently for any signs of redness or breakdown.

Urging and Helping Residents to Move

For caregivers, one of the most critical aspects of preventing pressure ulcers is by helping residents to move, either in or out of bed. For residents who are able, encourage them to engage in light physical activity. Simple movements may stimulate blood flow and reduce pressure points.

For those with limited mobility, assist them in changing positions or getting out of bed. Teach residents and their families about the importance of movement and how to recognize early signs of pressure ulcers.

Understanding bedsores and their causes, stages, and prevention strategies is essential for maintaining the health and well-being of vulnerable individuals. By proactively addressing the risk of pressure ulcers, caregivers can not only improve residents’ quality of life but also significantly reduce the risk of serious infections.

Consult with an Elder Neglect Lawyer

If you suspect that a caretaker or nursing home has been negligent and has contributed to or caused a loved one’s untreated bedsores, an elder neglect lawyer can help determine if you have grounds for a lawsuit. Although the process may be complicated, experienced nursing home abuse lawyers in your area can help simplify the process.

To speak with one of our nursing home neglect attorneys, call us at 718-523-1111 or request a free consultation.

 

Falls from a bed in a nursing home can cause serious harm to elderly patients. If your loved ones have experienced such a fall, it’s important to know how to respond quickly. Nursing homes are responsible for providing safe care, and understanding your rights can help you seek justice if negligence is involved in a patient fall.

Taking action quickly after a patient fall can make all the difference in the outcome. A nursing home abuse attorney can help you understand your legal options for seniors who fall out of a nursing home bed. Here’s what you need to do immediately after learning that a patient has fallen from a nursing home bed.

Seek Medical Attention

The first step is to get medical attention for the fallen right away. Even if the injury seems minor, falls in nursing homes can lead to hidden problems such as fractures or even head trauma. A medical professional should assess the fallen patient to make sure that they receive proper treatment.

Document the Incident and Gather Evidence

The next thing to do is document the fall. If possible, take pictures of the bed, bedding accessories, and the surrounding area. Take note whether bed rails were in place or if there were any faulty equipment issues. Gathering evidence is crucial for a strong case for nursing home abuse injuries. This includes medical records, witness statements, and documentation of the details of the fall. A nursing home abuse attorney near you can help collect and organize this information for your case.

Causes of Nursing Home Bed Falls

Many factors can contribute to an elderly person falling out of bed. Understanding these causes can help determine if you should consider a negligence lawsuit against a nursing home.

Lack of Bed Rails and Improper or Faulty Equipment

Bed rails are meant to prevent patients from rolling out of bed. If bed rails are improperly installed or missing, the risk for a fall increases. The lack of proper rails is often a major factor in nursing home abuse lawsuits.

Faulty equipment, such as broken beds or malfunctioning lifts, can also lead to falls. Nursing homes must maintain equipment to prevent accidents. A fall caused by faulty equipment being utilized by the residence may justify a negligent lawsuit against the nursing home.

Lack of Supervision for Medical Conditions or for Patients Taking Medications

Inadequate supervision is another common cause of falling in a nursing home. Patients with mobility issues or a history of falls should never be left unsupervised. A nursing home abuse attorney can investigate whether poor supervision contributed to a fall.

Some patients are at a higher risk of falling due to medical conditions or the side effects of medications. A proper care plan for fall risk should account for this instance, with regular monitoring and supervision. If this type of monitoring has been overlooked, it may lead to a nursing home fall lawsuit.

Legal Rights of the Injured Patient

If a loved one falls in a nursing home, they have certain rights to protect them, including the Right to Safe Living Conditions. Understanding these rights is important when seeking legal action with nursing home abuse attorneys.

Patients who live in a nursing home have the right to live in a safe environment. This includes proper supervision, well-maintained equipment, and care plans to meet their needs. If these rights are violated, you may be able to sue the facility for negligence.

Understanding Nursing Home Negligence

Negligence in nursing homes occurs when the facility fails to provide proper care, which can lead to injuries. This can include failing to prevent falls, improper staffing, or neglecting a patient’s needs. Nursing home abuse attorneys can evaluate if negligence caused your loved one’s fall and guide you in filing a nursing home lawsuit.

Consult with a Nursing Home Abuse Attorney

If you suspect that the Nursing home or caretaker may have been negligent, consult with a nursing home abuse attorney. An attorney for nursing home abuse will help determine whether you have grounds for a lawsuit. Many people wonder if it’s difficult to sue a nursing home for a patient fall, but filing a claim is not usually the hard part of the process, rather proving that the Nursing Home had been negligent is typically more difficult. While the process can be complex, skilled nursing home abuse attorneys near you can make the process much smoother.

The COVID 19 pandemic hit New York City particularly hard, and nursing homes were among the most affected. Families across the city faced heartbreaking losses as the virus spread rapidly through these facilities. Many are now questioning whether NYC nursing homes are liable for COVID 19 deaths. Understanding the law and how it impacts nursing home negligence and liability is crucial for families who are seeking justice.

COVID-19 in NYC Nursing Homes

Coronavirus posed a significant threat to nursing homes and their residents due to the large elderly population. Despite following CDC nursing home COVID guidelines, these facilities experienced high rates of infection and fatalities. In New York, nursing home deaths due to COVID-19 sparked widespread concern.

What Is Nursing Home Liability?

Nursing home liability is simply the legal responsibility that nursing homes have for the health and safety of their residents. If a resident suffers harm due to negligence or failure to follow proper care protocols, the facility may be held liable. This includes any cases related to COVID-19 deaths in New York.

New York’s Legal Protection for Nursing Homes

New York passed legislation that offered certain protections to nursing homes and other medical facilities in America. This law, known as the Emergency or Disaster Treatment Protection Act (EDTPA), shielded nursing homes from liability for COVID-related negligence. However, this protection was later repealed, opening the door for additional COVID-related lawsuits against nursing homes.

COVID-19 Deaths: Key Liability Issues

Key issues surrounding nursing home COVID lawsuit settlements include the adequacy of infection control measures, the availability of personal protective equipment (PPE), and the staffing levels at the facilities. These factors play a role in determining whether a nursing home was negligent. Proving nursing home negligence in these cases requires a thorough investigation into the facility’s actions.

Role of Negligence in Liability

Negligence is central to nursing home liability cases. Families must demonstrate that the facility failed to meet the standard of care expected and that it led to harm or death. In the context of COVID-19, this could involve inadequate infection control measures, failure to isolate infected residents, or neglecting to follow CDC nursing home COVID guidelines.

Recent Lawsuits and Legal Precedents

While some COVID 19 lawsuits have resulted in settlements, others are still pending in court. The outcomes of these cases could set important legal precedents for future claims. In particular, cases involving nursing home wrongful death and COVID deaths in New York are being closely watched by legal experts.

Family Rights and Legal Options

Families who have lost a loved one to COVID while placed in a nursing home can seek legal action. A lawyer with nursing home negligence experience can help families understand their rights. Legal options may include pursuing wrongful death in a nursing home claim or seeking compensation through nursing home COVID lawsuit settlements.

What Are the Elements of a Negligence Claim?

A negligence claim against a nursing home typically requires proving four key elements: duty of care, breach of duty, causation, and damages. Providing these claims is vital for lawsuits against nursing homes. Nursing home negligence attorneys near me can provide guidance on how to prove nursing home negligence.

Steps for Filing a Lawsuit

Filing a lawsuit against a nursing home involves various steps. Families must gather evidence, including medical records and eyewitness testimony. It’s also important to reach out to a nursing home negligence attorney who specializes in COVID-related cases. After filing the lawsuit, the case may proceed to settlement negotiations or go to trial.

Legal Recourse

Compensation may cover medical costs, funeral expenses, and other damages. A successful lawsuit may also prompt improvements in how nursing homes manage future health crises, reducing the risk of similar tragedies. Attorneys who are experienced with nursing home negligence will work with you and guide you every step of the way.

Partner with a Nursing Home Negligence Lawyer

If you or someone you know has been affected by COVID deaths in New York nursing homes, it’s essential to partner with a nursing home negligence lawyer. These attorneys have the experience needed to handle the complexities of COVID 19 lawsuits and can help families seek justice.