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My loved one was abused in a nursing home: how can I fight back?

| May 19, 2017 | Blog |

When you place your loved one in a nursing home, you want the facility to give your family member the attention he or she needs. After all, we generally expect nursing homes to exercise a reasonable degree of care when tending to patients. However, that trust can quickly become misplaced.

When this happens, your loved one can end up suffering injuries or experience the worsening of his or her condition. Fortunately, you do not have to stand by and do nothing. You have the right to seek justice through the New York civil court system when a nursing home abuses your loved one.

What are a nursing resident’s rights?

A nursing home resident has the right to be free from abuse, including mental, physical, verbal and sexual abuse. Residents also legally cannot undergo any chemical or physical restraint imposed for the purposes of convenience or discipline. Nursing homes should only permit restraints for treating medical conditions as needed and only if a physician orders in writing for this to take place. In such a situation, a restraint can help with ensuring the safety of a particular resident as well as other residents.

What exactly is nursing home neglect and abuse?

Neglect in a nursing home is essentially the failure to provide a resident with the services required for remaining safe and healthy. These services include medical care, supervision, clothing, food and shelter. If these failures happen to be due to carelessness, neglect has likely occurred. Meanwhile, these failures are abuse if they are intentional.

What are my options?

In New York, if you feel that a nursing home has abused your loved one, you can report your allegations. An ensuing investigation will typically involve interviews with your loved one as well as with you and other family members. Nursing home management and staff will also likely undergo interviews.

If investigators find your complaint to be legit, your loved one will receive services from adult protective services in an effort to fix the problem. However, if you still feel that those involved did not properly compensate your loved one for the indignity or injuries suffered in the nursing home, an attorney in New York can help you to file a civil claim against the facility, seeking the reimbursement of damages.

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