Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
As nursing home abuse and neglect lawyers in New York City, we can handle cases of physical, sexual, and emotional abuse of elderly clients in nursing homes, as well as neglect. Usually with no upfront fees, a nursing home abuse lawyer like us only gets paid if we recover money for our clients, working on a contingency basis where clients pay nothing unless a settlement or verdict is obtained. We offer free consultations to discuss the case and determine if there is a claim.
Warning Signs of NYC Nursing Home Neglect
Warning signs of NYC nursing home neglect include bedsores and pressure ulcers, ranging from stage 1-4 pressure injuries often located on bony prominences like the sacrum, coccyx, heels, and elbows. These can become infected, leading to sepsis and death, and may require surgery or skin grafts to treat.
Falls resulting in broken bones and brain bleeds are also common, including hip fractures, particularly femoral neck fractures, subdural hematomas, intracranial hemorrhages, wrist, ankle, and vertebral fractures, as well as facial injuries and dental trauma.
Medication errors, such as administering incorrect doses or wrong medications, failing to monitor for side effects or adverse reactions, not adjusting dosages based on patient's changing needs, and prescribing contraindicated medications based on patient's condition, are also warning signs.
Failure to respond to medical emergencies, such as not recognizing or acting upon signs of heart attack, stroke, or respiratory distress, delayed or inadequate response to choking incidents, not properly monitoring vital signs or blood glucose levels, and failing to transfer residents to hospitals when necessary, is another red flag.
Infections, including pneumonia, particularly aspiration pneumonia, skin and soft tissue infections like cellulitis and necrotizing fasciitis, Clostridium difficile (C. diff) infections, and Methicillin-resistant Staphylococcus aureus (MRSA) infections, are also warning signs.
Elopement or wandering, where residents with dementia leave the facility unsupervised due to inadequate security or monitoring systems and staff not properly supervising residents at risk for elopement, can lead to injuries, exposure, or death.
UTIs and catheter infections, such as cystitis, pyelonephritis, catheter-associated urinary tract infections (CAUTIs), urosepsis and septic shock from untreated UTIs, and complications like renal failure and bladder stones, are also common.
Physical and sexual assault by staff or residents, including hitting, slapping, pushing, rough handling, sexual abuse, molestation, rape, resident-on-resident assault, verbal abuse, threats, and intimidation, are serious warning signs.
Unexplained injuries, such as bruises, lacerations, abrasions, sprains, dislocations, burns from hot liquids, chemicals, or cigarettes, and injuries inconsistent with explanations provided by staff, are also red flags for nursing home neglect in NYC.
If any of the above occur, it's important to seek counsel immediately from a nursing home abuse lawyer in New York like us to know your options and remedies.
New York Laws on Nursing Home Abuse & Neglect
New York has strict laws against nursing home abuse and neglect. New York Public Health Law § 2803-d outlines the rights of nursing home residents or other interested persons to report instances of nursing home abuse, mandating that nursing homes ensure a safe, clean, and comfortable environment free from abuse and neglect. Staff must treat residents with dignity, respect, and consideration, and nursing homes must provide necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being.
Under general negligence laws, nursing homes can be held liable for injuries caused by their negligence, which occurs when a nursing home fails to provide the level of care that a reasonable facility would under similar circumstances. Plaintiffs must prove that the nursing home breached its duty of care, causing injury and damages. Compensatory damages may include medical expenses, pain and suffering, and loss of enjoyment of life.
Public Health Law § 2801-d also allows residents to sue nursing homes for violating their rights or any rule, regulation, or code. Violations may include failing to provide a safe environment, inadequate staffing, or improper care. Plaintiffs do not need to prove negligence, only that a violation occurred and caused injury. Successful plaintiffs may recover attorneys' fees and punitive damages meant to punish the nursing home.
Why NYC Nursing Home Abuse Occurs
The main reason for nursing home abuse in New York City is understaffing. Many facilities have an insufficient number of nurses, aides, and other caregivers, resulting in high patient-to-staff ratios that often exceed recommended levels. Overworked and stressed staff are unable to provide adequate attention to each resident, leading to rushed and incomplete care, errors, and omissions.
Nursing homes in NYC are paid by Medicare and Medicaid based on patient acuity. Facilities receive higher reimbursement rates for residents with more complex medical needs, creating an incentive to admit high-acuity patients to increase revenue. However, Medicare and Medicaid payments often fail to keep pace with the rising costs of care, and homes may exaggerate patient acuity to boost reimbursements.
Owners of nursing homes often cut staff to maximize profits. Labor costs are one of the largest expenses for nursing homes, and reducing staff levels can significantly increase profit margins. Corporate owners prioritize financial gain over resident well-being, and there is insufficient oversight and enforcement of staffing regulations.
Understaffing leads to neglect and preventable injuries. Residents are left unattended for long periods, increasing the risk of falls and bedsores. Immobile residents may not be repositioned and turned frequently enough. There can be delayed responses to call lights and requests for assistance, as well as inadequate monitoring of residents' health status and changing needs. Rushed and rough handling during transfers and personal care tasks is common. Understaffing can also lead to failure to follow infection control protocols, resulting in the spread of communicable diseases. Medications and treatments may be missed or delayed, and staff may have insufficient time to provide emotional support and social interaction to residents.
When nursing home abuse occurs, an experienced nursing home abuse attorney in New York like us can be your advocate, working tirelessly to secure the justice and compensation you and your loved one deserve.
FAQs on NYC Nursing Home Neglect Lawsuits
How do you determine if a nursing home is understaffed?
Review staff schedules, payroll records, and daily assignment sheets which can reveal insufficient staffing levels. Compare the number of staff on duty to the number and acuity of residents. This can demonstrate understaffing. Resident care plans and assessments may show unmet needs due to lack of staff. Interviews with residents, families, and former employees can provide evidence of understaffing, such as long wait times for assistance, rushed care, and lack of supervision.
How do you determine slip and fall liability?
Nursing homes are liable for falls caused by hazardous conditions, such as wet floors, poor lighting, and cluttered hallways. They must assess each resident's fall risk and implement individualized fall prevention measures, including proper footwear, assistive devices, and supervision. Homes can be liable for falls resulting from failure to provide adequate assistance with transfers and mobility.
When is there improper medication?
Nursing homes are responsible for ensuring that residents receive the correct medications at the right doses and times. Improper medication includes administering the wrong drug, dose, or route, as well as failing to monitor for side effects and adverse reactions. Mixing up residents' medications, not following prescriber orders, and not updating medication lists can lead to liability.
What are examples of physical, sexual, emotional and financial nursing home abuse?
Physical abuse includes hitting, slapping, pushing, and rough handling during care. Sexual abuse involves molestation, rape, and unwanted sexual contact. Emotional abuse includes yelling, insulting, threatening, and ignoring residents. Financial exploitation involves stealing money or property, coercing residents to change wills or give gifts, and improper use of power of attorney.
When is the nursing home liable when a resident assaults another resident?
Nursing homes can be liable for assaults by other residents if they fail to properly screen residents for aggressive behavior, not providing adequate supervision and staffing, and not separating or protecting residents after an assault. Homes must have policies and procedures for preventing and responding to resident-on-resident assaults.
Is the nursing home liable for injuries caused by third parties in the nursing home?
Nursing homes must ensure the safety and security of residents, including protecting them from harm caused by visitors, contractors, and other third parties. Homes can be liable for injuries caused by third parties if they fail to properly screen and supervise them, such as not conducting background checks on contractors or not monitoring visitors.
Who can be sued for nursing home abuse?
The nursing home corporation or owner is the primary defendant in abuse lawsuits. Individual employees, such as nurses, aides, and administrators, can be named if they directly committed abuse or were grossly negligent. Doctors, hospitals, and other contractors may be liable for substandard care. In some cases, the state or local government that licensed or regulated the home can be sued for inadequate oversight.
If you suspect that your loved one has been a victim of nursing home abuse or neglect in New York City, don't hesitate to contact a skilled and compassionate nursing home abuse lawyer like us who can help you hold the negligent parties accountable and secure the compensation your family deserves. Should you need legal representation or assistance, we at the Law Offices of Albert Goodwin are here for you. We represent nursing home abuse victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown, Manhattan.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
