Neglect is a type of abuse committed against a resident living in a facility such as a nursing home, assisted living facility, or group home.  With respect to the elderly, the term “elder abuse” is used, however, residential facilities also care for individuals with chronic health conditions, such as traumatic brain injuries, tracheostomies, dementia, or those with intellectual disabilities, who can be of any age. Nursing home abuse and neglect occurs when a caregiver provides substandard care to a resident resulting in harm to the resident.

If a loved one is the victim of nursing home neglect, it is essential to act immediately. The first step is to report the suspected abuse to the facility’s administration. If the issues you have identified are not being remedied after addressing them with the administrators and staff at the specific facility there are several avenues you can consider. If a resident is in immediate physical danger or in danger of developing serious health issues, the local police or paramedics should be called to remove the resident and bring him or her to a safe location such as hospital or a different care facility. If any laws have been broken, the police will conduct a criminal investigation. Additionally, the New York State Department of Health maintains a Nursing Home Complaint Hotline that can be called 24 hours a day, seven days per week, at 1-888-201-4563. Written complaints can also be submitted to the New York State Department of Health online. In less urgent circumstances, the local ombudsman can be contacted. Ombudsmen serve as advocates for adults in nursing home and other long-term care facilities.

Before removing a loved one from a facility, it is important to make alternative arrangements for their care. Some options include moving the resident to another nursing home, finding a home-health service, or hiring a live-in nurse, if possible.

In order to prove negligence, the law requires that the injured person or their legal representative, first show that the caretaker or the facility that caused him or her an injury owed a duty of care. A duty of care can either be something that is required by the law when it is written in a statute or regulation or be established by looking at what is expected of a reasonable person or facility under the circumstances. Once it is shown that the caretaker had a responsibility to follow a certain regulation or to provide a certain level of care, the plaintiff then must prove that the caretaker or facility failed to do what they were supposed to do. Next, the plaintiff must show that that as a result of the caretaker’s or facility’s conduct that such behavior was the cause of the resident’s injuries. For example, if a facility is aware that your loved one is at risk for falling and fails to take reasonable precautions to prevent such a fall, resulting in your loved one falling and breaking a bone such as their hip, leg or arm, or sustaining a head injury, the elements likely exist to pursue a negligence claim.

Yes. Medical records are often one of the most important pieces of evidence in any lawsuit where an injury has been suffered and are essential for any attorney to review in determining whether a case for nursing home negligence should be pursued.

Your family member’s medical records are protected by HIPAA, a privacy law. In order to request medical records, your loved one must either sign a HIPAA authorization form allowing either you or their attorney to obtain the medical records, or you may do so yourself if you are an authorized personal representative. Following the submission of a HIPAA compliant request, a nursing home must promptly release your loved one’s records. If you are experiencing any issue in receiving medical records from a nursing home, you should consult with an attorney to find out your next steps.

Every case is unique and the outcome of the case depends on many different factors. In some instances, a case may settle prior to the filing of any formal lawsuit if a nursing home’s liability and the injuries suffered are clear. In other instances, pretrial work such as the exchange of discovery, depositions, and expert disclosure will need to occur which can take several months. If a case is unable to be resolved by way of a settlement, then the case would proceed to trial which can take anywhere from 1 to 2 years or longer in some instances.  More information regarding how long a personal injury case can take can be found here.

Yes. There are two types of damages that can be paid to someone who is injured at a nursing home, assisted living facility, or group home. Legally, these damages are known as economic damages and noneconomic damages. Economic damages are financial losses including medical expenses due to the harm or injury suffered. Noneconomic damages include the pain, suffering, and emotional distress caused as a result of the poor care received by your loved one.

Signs of abuse and neglect can include physical injuries such as unusual or recurrent bruises or broken bones; unexplained falls; bedsores; dehydration or malnourishment; or poor hygiene. It’s important to watch for signs of emotional, psychological or even sexual abuse including seclusion or isolation, withdrawal, fear, crying or other unusual behaviors.

Medical professionals use a 4 stage scale to describe and monitor pressure sores, also called bed sores, pressure ulcers, decubitus ulcers, or pressure wounds. By categorizing pressure sores according to standardized characteristics, there can be a sense of uniformity among medical facilities that treat people with pressure ulcers. Bed sores are categorized based on their severity, with Stage 1 being the lowest and Stage 4 being the most serious. Below is an outline of the 4 stages of bed sores:

• Stage 1 pressure ulcers are pressure sores that cause persistent areas of red skin that may itch or hurt and feel warm to the touch. In those with darker skin, the mark may appear to have a blue or purple color to it. Stage 1 wounds are superficial and go away shortly after the pressure is relieved.
• Stage 2 pressure ulcers occur when some skin loss to the most outer layers of skin is present. The wound can look like a blister or abrasion. The skin surrounding the wound may be red or purple. If treated promptly, stage 2 pressure ulcers can heal fairly quickly.
• Stage 3 pressure ulcers occur when the pressure damage to the skin extends to the deepest levels of skin and often looks deep and crater like.
• Stage 4 is the most serious type of pressure ulcer and has advanced to the point of damaging muscle, bone, or other support structures like tendons and joints. Wounds that have developed to this stage because of persistent pressure can be extremely difficult to heal and can lead to lethal infections.

Pressure ulcers can also be categorized as unstageable, where the wound is covered in dead tissue and it is unclear just how advanced the wound is. In this situation a medical procedure is usually necessary to remove the dead tissue to determine the extent of the involvement of skin, muscle, or bone.

Yes. If Medicare or Medicaid has paid any medical expenses on behalf of the injured individual, they are entitled to be reimbursed for those expenses. The law imposes a Medicare and/or Medicaid “lien” on all injury-related cases involving recovery from a negligent caretaker or facility.

Most attorneys handle nursing home negligence or wrongful death cases on a contingency fee basis, meaning the attorney does not get paid unless your case is settled or wins a verdict in court. Most attorneys do not charge for an initial consultation.

The time limit for filing a lawsuit is governed by what is known as the statute of limitations. The statute of limitations for a negligence case in New York is 3 years from the date of the incident. The statute of limitations for wrongful death in New York is 2 years from the date of death. The statute of limitations for medical malpractice in New York is 2 years and 6 months from the date of negligent act. It is important to discuss the specific facts and circumstances of your case with an experienced attorney who can ensure that you do not miss the statute of limitations. If you fail to file an action within the time frame required by law, your right to file a claim may be lost forever. Facilities owned by New York State, a County, or any other municipal entity have special requirements which shorten the statute of limitations, so it is important that you don’t delay contacting a lawyer to ensure you preserve the right to pursue any claims you may have.