Today, people are living longer, which means that many elders will require long-term care either in a nursing home or assisted living facility. While many facilities provide quality care to their residents, incidents of elder abuse and neglect are not uncommon. If you or a loved one was the victim of nursing home negligence, you may be able to obtain meaningful compensation.
The law office of Michael LoGiudice has extensive experience fighting for victims of nursing home abuse and neglect in the greater New York area. We believe that all lives have value and elders deserve to be treated with dignity and respect.
Nursing Home Abuse
The abuse of elders in nursing homes comes in many forms, including physical and emotional abuse. Physical abuse often involves assault, battery, sexual assault, unreasonable physical constraint or the prolonged deprivation of food and water. In addition, the unauthorized use of physical or chemical restraints as a means of punishment is also considered abuse.
While physical abuse can be detected by bruises or other injuries on the patient, emotional abuse is more difficult to identify. However, elders are often subjected to verbal abuse, being ignored or isolated. Ultimately, emotional abuse can lead to pain and suffering that adversely affects a patient’s well-being. Warning signs of elder abuse include changes in the victim’s behavior or personality.
Nursing Home Neglect
Nursing home neglect arises when patients do not receive proper care, often due to inexperienced or poorly trained staff, which can lead to a variety of injuries or illnesses, including:
- Falls – Residents have a high risk of falls on wet floors, in poorly lit hallways, from poorly fitted wheelchairs or beds that are too high. However, nursing homes are required to design a care plan when a resident enters a facility. This is essentially a risk assessment to determine the type of assistance a patient will need to move around safely. Ultimately, a nursing home has a duty to ensure there is adequate staff on hand to help patient walk and to prevent falls.
- Pressure Sores – Patients who receive inattentive care are prone to pressure sores or bed sores which can be extremely painful and lead to life-threatening complications. Patients who are bedridden must be regularly turned, kept clean and dry, and properly nourished and hydrated. Pressure sores can also be prevented if the nursing home uses technologically advanced mattresses and cushions.
- Wandering or Elopement – Patients who are memory impaired, whether due to dementia or Alzheimer’s disease, require special care. Elopement occurs when an unsupervised nursing home resident wanders away from the facility. This can put them, as well as other patients, at great risk of bodily harm and even death.
- Malnutrition or Dehydration – Nursing home residents must be provided with proper nutrition and hydration. Patients who are neglected even for a short time may suffer from malnutrition or dehydration that can lead to undue pain and suffering and death.
Why are patients injured in nursing homes?
Nursing home abuse and neglect frequently occur in facilities that are run by corporations that put profits ahead of patient care. At times, these facilities look to cut costs by hiring workers who lack proper training or not hiring adequate staff. However, patients who do not receive appropriate medical attention or who are poorly supervised are more prone to injuries and illnesses often with catastrophic consequences.
In addition, many nursing homes include arbitration clauses in their admissions contracts that require patients to agree not to pursue lawsuits and to resolve disputes through arbitration. For this reason, incidents of abuse and neglect are kept from the public, and many families are unaware of a nursing home’s history when they are selecting a facility. It is important to note that the Department of Health and Human Services has banned the use of arbitration clauses by facilities that receive federal funding through the Medicaid program.
Dedicated Nursing Home Negligence Attorney
With offices in Brewster and Manhattan, the law office of Michael LoGiudice is dedicated to eradicating nursing home abuse and neglect. If you or a loved one was the victim of nursing home abuse, we will conduct a thorough investigation and take legal action. In cases of nursing home neglect, we will work diligently to determine whether the required care plan was implemented. We will fight for your right to meaningful compensation and also actively monitor your medical treatment to make sure you are receiving the appropriate care. Call our office or fill out a contact form today for a free consultation.