Nursing Home Abuse & Neglect
Approximately 1.5 million people reside in nursing homes across the United States. Many nursing homes are understaffed or have poorly trained staff or overworked staff. In the year 1987, Congress passed the Omnibus Budget Reconciliation Act of 1987 (OBRA, 1987) in part as a response to the decades of nursing homes being plagued with reports suggesting widespread and serious maltreatment of residents, including abuse, neglect, and theft of personal property.
We handle New York nursing home abuse, mistreatment, neglect, medical malpractice, and negligence cases including but not limited to:
- Medication Error
- Physical Abuse
- Sexual Abuse
- Medical Neglect
New York Patient Abuse Reporting Law, Public Health Law Section 2803-d was enacted in 1977 to protect persons living in nursing homes from physical abuse, mistreatment, or neglect.
Under 42 CFR § 483.25 all nursing homes must provide a comprehensive assessment of all residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident's choices.
New York Nursing Home Physical Abuse
A nursing home may be liable for money damages for physical injury and pain if its employee or staff causes willful infliction of injury, unreasonable confinement, intimidation, or punishment to your family or love one.
Nursing home staff must not engage in inappropriate physical contact with a resident of a residential health care facility, while the resident is under the supervision of the facility, which harms or is likely to harm the resident. Inappropriate physical contact includes, but is not limited to, striking, pinching, kicking, shoving, bumping and sexual molestation.
New York Nursing Home Mistreatment
New York nursing homes must provide appropriate medication dosage to their residents. A nursing home must not use isolation, physical force or chemical restraints on a resident of a residential health care while the resident is under the supervision of the facility.
A nursing home may be liable for money damages because of mistreatment, such as inappropriate use of isolation, medications, physical or chemical restraints on your family or loved one in a residential health care facility while the resident is under the supervision of the facility. See Public Health Law § 2803-c(3)(h).
New York Nursing Home Neglect
New York nursing homes must provide their residents with timely, consistent, safe, adequate and appropriate services, treatment, and/or care, including, but not limited to: nutrition, medication, therapies, sanitary clothing and surroundings, and activities of daily living.
A nursing home may be liable for money damages if your family or loved one is neglected or injured because its staff failed to:
- Carry out physician orders, medication omission, treatment omission, or failed to follow the care plan or provide emergency services;
- Adequately supervise whereabouts and activities of residents; or
- Provide adequate hydration and nutrition.
See 10 NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(j).
New York Nursing Home Pressure Ulcer Sore
Under 10 NYCRR § 415.12(a)(1), all nursing homes must ensure that your family member receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual's clinical condition demonstrates that they were unavoidable. Furthermore, the nursing home must ensure that your family member with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
See 10 NYCRR § 415.12(a)(1); See also 42 CFR § 483.25(c).
Free Legal Consultation
If you or a loved one have been injured as a result of a nursing home abuse, neglect or malpractice you must take immediate action to protect your legal rights. Call Bronx nursing home abuse and neglect lawyer Bryan J. Hutchinson at (718) 671-0900 for a free confidential consultation.
Frequently Asked Questions Regarding Nursing Home Abuse, Neglect and Malpractice
Free Legal Consultation
If you or a loved one have been injured as a result of nursing home abuse, neglect or malpractice you must take immediate action to protect your legal rights. Call Bronx lawyer nursing home lawyer Bryan J. Hutchinson now at (718) 671-0900 for a free confidential consultation.