One particular area where nursing home neglect can result in devastating consequences is wound care. Proper wound care is essential in nursing homes to prevent health complications, promote healing, and improve residents’ lives. When nursing homes fail to provide adequate professional wound care, it can lead to injuries, serious infections, prolonged healing times, and even death.

Below we discuss why proper wound care saves lives, as well as signs of neglect in nursing home wounds, how to report neglect at a nursing home, and how experienced nursing home neglect attorneys can support you as you protect the rights of vulnerable elders.

Common Wound Care Failures in Nursing Homes

• Inadequate training or supervision — Nursing home staff may not have the necessary training and/or supervision to properly assess, clean, and dress wounds. This can result in improper care, leading to infection and delayed healing.
• Neglect — When wounds are left untreated or not monitored properly, it can lead to infection, tissue damage, and even amputation in severe cases.
• Malnutrition and dehydration — When residents fail to receive proper nutrition or adequate hydration, it can have severe consequences including hindered wound healing, bedsores, and infections.
• Lack of medical resources — Nursing homes may not have the necessary supplies or equipment to properly care for wounds. This can include a lack of appropriate dressings, cleaning solutions, or basic hygiene products.
• Failure to reposition or turn — Some patients need to be turned or repositioned every few hours to relieve pressure on areas of their body. Failure to do this as needed can result in pressure ulcers or bedsores.
• Insufficient incontinence management — Moisture from urine and feces significantly increases the risk of skin breakdown and exacerbates existing wounds.

Why Proper Wound Care Saves Lives

Proper wound care isn’t only about patient healing and comfort — it’s a life-sustaining measure that can prevent many health complications down the road. Taking care of wounds properly prevents infections that can ultimately lead to sepsis. When wounds are neglected — even small ones — they can become much worse in a short span of time. Severe wounds increase pain, limit patients’ mobility, and can result in painful treatments, surgery, or even amputation in extreme cases.

Proper wound care can prevent residents from requiring hospitalization, which can be traumatizing for some seniors. Adequate, professional wound care reduces pain, improves mobility, and allows the patient to improve their quality of life in the nursing home.

Signs of Neglect in Nursing Home Wounds

If your loved one is a nursing home and you notice any of the following red flags, take immediate action:

• Infection
• Delayed healing
• Deteriorating/worsening wounds
• Pain and discomfort
• Tissue damage
• Poor hygiene
• Lack of appropriate medical supplies
• Dirty or stained dressings
• Lack of documented care plan or treatments
• Dismissive staff

Legal Options for Wound Care Neglect

If you have any suspicions that your loved one is suffering from wound care neglect in a nursing home, legal options are available. A qualified, experienced team of nursing home neglect lawyers like Zelenitz, Shapiro & D’Agostino can help hold the nursing home legally responsible for medical bills, pain and suffering, and more. Legal options include a nursing home neglect lawsuit, medical malpractice claims, and wrongful death claims.

While legal action cannot undo the harm caused to a loved one, it can hold negligent nursing home facilities accountable, potentially compensate the victim or family for damages, and prevent similar neglect from happening to other residents.

How to Report Nursing Home Negligence

If you suspect that a family member or loved one in a nursing home is suffering from wound care neglect, it’s important to report it right away. Make sure to document any signs of neglect or red flags. Take photos of wounds and note the date and time. Make notes of every staff member you have a conversation with.

The first line of defense is the nursing staff or director of nursing at the facility. If they do not resolve the issue, address the facility administrator. If the neglect still isn’t resolved, report it to your state’s Department of Health or nursing home licensing agency. If your complaints are unresolved, get advice on your legal rights and options from a nursing home injury attorney.

Families are the first line of defense for residents who may be unable to advocate for themselves. Nursing homes who fail to provide adequate wound care must be held accountable for residents’ neglect. Contact Zelenitz, Shapiro & D’Agostino at 718-523-1111 or request a free consultation today and we’ll fight for your loved one’s rights.

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One of the primary reasons for elder neglect in nursing homes is understaffing. Understanding the connection between understaffing and neglect is important to be able to protect our elders and hold negligent facilities accountable. Discussed below, is how nursing home neglect can happen due to understaffing, and how lawyers for nursing home neglect may be able to help.

How Understaffing Leads to Neglect

There is a direct correlation between understaffing and neglect in many nursing homes and there are also quite a few reasons for insufficient staff to be on duty. In some instances, the facility is attempting to save money by not hiring enough employees, or even by letting staff members go. Some nursing homes do not pay sufficient wages, making it difficult to obtain and keep quality workers. No matter the reason, understaffing can severely affect the care and treatment of residents.

Understaffing can lead to:

• Increased falls and accidents – A lack of sufficient employees usually means that residents are left unsupervised for longer than usual periods of time. Without proper supervision, elders may wander and will typically have an increased chance of falls as well as other accidents. This is particularly risky for residents who have cognitive impairments.
• Medication errors – When the staff is stretched thin and overwhelmed with too many tasks, they may make medication errors such as giving the wrong dosage or dispensing the incorrect type of medication to an elder. Additionally, staff may even fail to administer the required meds altogether.
• Malnutrition and dehydration – Understaffing can result in compromised nutrition and hydration due to residents not receiving enough food or water. The staff, when understaffed, may rush meal service or fail to provide meals for all residents. Elders that require assistance with eating tasks may not receive the help that they need, leading to missed meals.
• Inadequate help with essential tasks – Residents who need assistance when bathing, dressing, and toileting may suffer from neglect. Understaffing often leads to rushed or incomplete assistance with these activities, compromising hygiene and dignity.
• Lack of interaction – Elderly residents require social and emotional support in order to thrive in a nursing home. When homes do not have enough staff, residents can feel isolated and lonely, and even suffer from depression from a lack of interaction.

Signs of Nursing Home Neglect

Recognizing the signs of nursing home neglect is crucial when advocating for vulnerable residents. Signs of neglect include unexplained injuries, weight loss, poor hygiene, bedsores, changes in mood, frequent infections, and missed medication doses.

Other signs of neglect in nursing homes may be evident in the facility itself. These signs include unsanitary living conditions, broken equipment, slippery floors, and a lack of heating or cooling. If you observe any of these signs of nursing home neglect, it’s important to document them. Include the date, time, and details of any sign, and report them to the facility manager or nursing home neglect attorneys.

Impact of Understaffing on Proper Care

An understaffed facility can greatly affect the care of residents. Without proper staffing, elders may receive delayed or inadequate medical care and assistance with daily living activities. Residents’ complaints may be ignored by the nursing home staff, who are most likely overworked, burned out, and stressed.

Understaffing will ultimately reduce the quality of life for residents. There is also a direct correlation between higher mortality rates and understaffing in nursing homes. Residents may need to be frequently hospitalized due to inadequate care. Additionally, incompetent care often leads to an erosion of trust between the families of residents and the nursing home staff.

Legal Rights for Neglected Seniors

Seniors who reside in nursing homes have legal rights that are protected by New York state and federal laws. These rights include the right to receive adequate and appropriate care, to be treated with dignity and respect, and to be free from neglect and abuse. When nursing homes violate these rights, elderly victims and their loved ones have the right to file a lawsuit to hold them accountable.

Holding Facilities Accountable

If you suspect that your elderly loved one is being neglected due to understaffing at such a facility, now’s the time to speak to a lawyer for nursing home neglect.  Zelenitz, Shapiro & D’Agostino will help guide you through the legal process and hold the negligent nursing home accountable to get justice for vulnerable seniors.

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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.

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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.

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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.

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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.

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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.

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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.

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Signs of Elder Abuse

Recognizing the signs of elder abuse is key to addressing the problem as soon as possible. Here is an overview of the most common signs of elder abuse in nursing homes:

Physical Signs

Physical signs of elder abuse may include bruises, cuts, burns, or broken bones. Bedsores can indicate neglect in nursing homes as well. Recurring injuries or a history of hospital visits for similar issues may point to ongoing nursing home negligence.

Emotional and Behavioral Signs

Some common emotional and behavioral signs may include sudden changes in mood, withdrawal from activities, and depression. Anxiety and fearfulness around certain staff members may also be red flags of mistreatment in nursing homes.

Financial Signs

Signs of financial abuse in elderly residents often include a sudden change in financial situations, unexplained withdrawals from accounts, and missing personal belongings. Monitoring financial records regularly is typically an essential aspect used to detect this type of abuse.

Neglect Indicators

Neglect in elderly care facilities often manifests as poor hygiene, malnutrition, dehydration, and unattended medical needs. Neglect in nursing homes may also result in unsanitary living conditions as well as insufficient staffing.

Causes and Risk Factors

Comprehending the various causes and risk factors of abuse in nursing homes can often help to prevent it. Not all nursing home abuse cases are the same – here are some of the common causes of adult abuse in nursing homes:

Institutional Factors

Institutional factors contributing to nursing home abuse and neglect include inadequate staffing levels, poor training, and lack of resources. High staff turnover and insufficient oversight may exacerbate these issues, leading to nursing home malpractice.

Resident-Related Factors

Residents with cognitive impairments or those with limited mobility are at higher risk of abuse and neglect. These conditions make it harder for them to report mistreatment or defend themselves against poor practices.

Caregiver-Related Factors

Caregivers that are under stress, lack training, or those with a history of substance abuse may be more likely to abuse their charges than those who have not experienced any of these challenges. Addressing these caregiver-related factors may reduce the risk of an elder being abused while residing in a nursing home.

Legal Frameworks and Reporting

Various legal protections and reporting mechanisms are in place to help protect elders who reside in long-term care. Securing a nursing home malpractice lawyer is essential if you suspect abuse or neglect issues. A lawyer for nursing home abuse can walk you through each step of the reporting process.

Laws Protecting Elders in Long-Term Care

Laws regarding elderly abuse include federal and state regulations that are designed to protect residents. The Nursing Home Reform Act is a law that requires nursing homes to provide a standard level of care as well as prohibits abuse and neglect. Nursing homes must stay in compliance, or risk losing their license.

How to Report Suspected Elder Abuse

If you suspect that elder abuse may be taking place, it’s crucial to report it immediately. Hiring a nursing home abuse lawyer can make it much easier to understand the reporting process. Many states have hotlines for reporting elder abuse, with the local Adult Protective Services (APS) offices being contacted as an option as well.

Legal Consequences for Perpetrators

Perpetrators of elder abuse may face severe legal consequences, including criminal charges, fines, and imprisonment. Nursing home abuse cases can also lead to civil lawsuits against the facility and responsible individuals. Victims can seek compensation for damages when they reach out to a nursing home abuse law firm.

Closing Thoughts About Nursing Home Abuse

Elder abuse in residential long-term care settings is a grave issue that requires immediate attention. Recognizing the various signs of either, and understanding the possible cause(s), can prevent abuse from happening or from continuing. Legal frameworks offer protection, but vigilance and proactive reporting are typically key to protecting elders. If you suspect that nursing home abuse is occurring/ has occurred, consulting with an attorney or firm that specializes in nursing home abuse can often provide the legal support you need in order to protect your elders and loved ones.

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What is the Difference Between Wrongful Death and Medical Malpractice?

Wrongful death and medical malpractice often intersect, but they are not the same. For example, wrongful death occurs when someone’s negligence or intentional act causes death. Medical malpractice occurs if a healthcare provider deviates from standard practices, causing harm or death. In a nursing home, wrongful death may involve abuse, neglect, or other forms of misconduct. On the other hand, medical malpractice typically refers to errors in medical treatment or care.

What Is a Wrongful Death in a Nursing Home?

Wrongful death in a nursing home involves the death of a resident due to abuse, neglect, or improper care. This may include failure to provide medical attention, poor supervision, or unsanitary living conditions. Families often file a wrongful death lawsuit to hold the nursing home accountable. Hiring a lawyer for a wrongful death can help families during this complex process and to also seek justice for the death of a loved one.

What is the Legal Definition of Wrongful Death?

Wrongful death is defined as a death caused due to a wrongful act, neglect, or default of another person or entity. In a nursing home’s context, this may involve proving that the facility’s negligence directly caused the resident’s death. A wrongful death attorney can help gather evidence and build a strong case against the facility, if appropriate. Wrongful death lawsuits aim to provide compensation to the deceased’s family and to hold the responsible parties accountable.

What Causes Nursing Home Wrongful Death?

Several factors may lead to a lawsuit for wrongful death in a nursing home. A few of the most common factors in wrongful death cases include:

Neglect

Not providing necessary care, such as food, water, or medical treatment.

Abuse

Physical, emotional, or sexual abuse may occur via staff members or other residents.

Medical Errors

Medical errors happen due to incorrect medication(s) being provided, misdiagnosis of an ailment, or delayed treatment.

Poor Supervision

Inadequate monitoring often leads to falls, injuries, or wandering off.

Unsanitary Conditions

Dirty living conditions can cause infections or illness which can lead to death.

Understanding these different causes can help a family and their wrongful death lawyer build a solid case.

What Are the Elements of a Wrongful Death Claim?

Certain elements must be proven if you wish to succeed in a wrongful death lawsuit, such as:

Duty of Care

The nursing home has/had a responsibility to care for the resident.

Breach of Duty

A breach of duty happens if the nursing home does not meet its duty of care.

Causation

The breach of duty directly caused the resident’s death.

Damages

The death at hand has resulted in measurable damages, such as medical and funeral expenses, as well as the loss of companionship.

A wrongful death claim lawyer can assist in gathering all the necessary evidence and present it effectively in court.

Wrongful Death Nursing Home Settlements

Wrongful death nursing home settlements provide financial compensation to the deceased’s family. Nursing home wrongful death settlement amounts vary due to factors such as the severity of negligence, the extent of damages, and the strength of the case. A wrongful death lawyer near you can help negotiate a fair settlement in such instances.

Common types of compensation for wrongful deaths include:

Medical Expenses

Costs incurred before death.

Funeral Expenses

Costs of burial or cremation.

Loss of Income

Financial support that the deceased would have provided.

Pain and Suffering

Emotional distress caused by the loss.

Closing Thoughts on a Wrongful Death Lawsuit in Florida

Losing a loved one who resided in a nursing home is heartbreaking, especially when it involves wrongful death. Knowing the difference between wrongful death and medical malpractice can help you understand your best legal options. Reaching out to a wrongful death lawyer is always recommended to help you through each phase of the legal process while seeking fair justice.

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