In New York, thousands of nursing homes are cited for deficiencies in their programs every year. Whether it is due to the fact that residents develop bed sores or fall due to accident-prone environments, nursing home facilities continue to fail to meet the standards established by the law. With research statistics that indicate over 37 percent of New York nursing homes have accident-prone environments and over 41 percent of nursing homes fail to meet professional standards, it is clear that something must be done to help residents harmed by these deficiencies.
New York nursing home abuse lawyers are available to help those residents who suffer as a direct result of the improperly trained or inadequate staff workers that nursing homes hire. Call one of our nursing home lawyers today to get started in filing a claim against the nursing home administration of your loved one’s facility.
State and Federal Nursing Home Laws
It can often feel like there is nowhere to turn when a loved one has been abused or neglected. You should know that there are strict laws in place that can empower you to take action on behalf of your loved one. Nursing home lawyers are aware of the details behind laws like the federal Nursing Home Reform Act of 1987 and “Kathy’s Law,” a state law that defines offenses against children, disabled people and vulnerable elderly adults.
Under Kathy’s Law, a person is considered to be guilty when he or she endangers the welfare of an incompetent or physically disabled person by knowingly acting in a manner that is injurious to his or her physical, mental and moral welfare. A person is also guilty of endangering the welfare of a vulnerable elderly person when he or she acts with intent to injure the person and causes injury, recklessly causes injury to the person or subjects the person to sexual contact without his or her consent.
When you feel like a nursing home worker has violated Kathy’s Law or the Nursing Home Reform Act of 1987, it is vital to act. Speak with a nursing home lawyer as soon as you can. Nursing home administrators have a way of making you feel like you are over-exaggerating an issue that has impacted your loved one. The reality is that you should trust your gut instinct about any instances in which you feel a loved one has been harmed. It is likely that there is a pattern of abuse or neglect behind the suspicions that you have.
The Warning Signs of Nursing Home Neglect and Abuse
There are many warning signs that can alert you that nursing home neglect and abuse are occurring in a New York facility. Here are some of the warning signs that you should always consider:
- A facility’s past history of abuse, neglect or exploitation (which you can find out by contacting the state ombudsman’s office)
- Missing items of your loved one
- Depleted financial assets from a resident’s account
- Complaints of falling
- Poorly trained staff
- Inadequate staffing levels
- Development of bed sores on residents
- Unchanged sheets and unwashed clothing
- Unsanitary premises
- Unsanitary food
- Development of malnutrition or dehydration in a loved one
- Physical wounds, scratches and bruising
- Fractured limbs
- Constant migraines
- Depression and anxiety
This long list contains all of the signs that you need to know may indicate abuse or neglect is impacting your loved one. It is better to be knowledgeable about the potential ways in which your loved one could be harmed rather than to be unaware of systematic abuse that could be harming a loved one.
Call New York Nursing Home Abuse Lawyers Today
Call one of our New York nursing home abuse lawyers to receive the help that you need to assert your loved one’s rights. By understanding the warning signs of abuse, you can now get in touch with a lawyer as soon as you have suspicion of abuse or neglect. Our New York nursing home lawyers are here to help people throughout the state of New York in areas such as:
Allow our lawyers to provide you with the help that you need in this difficult time. Your loved one may be eligible to receive compensation as a result of his or her injuries.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years. (N.Y. C.P.L.R. §214)
- Medical malpractice – 2.5 years from the act or omission or from the end of a continuous treatment during which the act or omission took place. Foreign object cases may be brought within one year from the date that the foreign object was discovered. (N.Y. C.P.L.R. §214-a)
STATUTE OF LIMITATIONS
- 2 years from date of death. (N.Y. Est. Powers & Trusts Law §5-4.1)